Case law
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Division and case type: CIVIL DIVISIONCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL CASE NO 2959 OF 1996 Hassan & 4 others v Kenya Wildlife Service Injunction – temporary injunction – principles that guide the court in granting…
…an injunction – grant of injunction against removal of a rare and endangered species from its natural habitat - preservation of wild animals in their natural habitat.…
Division and case type: CivilCivil Case
…Thus the power of the court to order the injunction prayed for flows from the authority of this rule.…
…Meaning that the court is to decide which is the lesser of two evils to grant the injunction and hurt the defendant or to decline to do so and hurt the plaintiff.…
Division and case type: CivilCivil Case
…On the same day Mr Justice Akiwumi granted the application for temporary injunction until 2.9.88 for hearing the application inter partes. On 2.9.88 Mr Justice Tank extended the injunction to 7.9.88.…
…He states that if the injunction is not granted the case would serve no purpose. In other words, the suit would be rendered nugatory, if the injunction is not granted.…
Division and case type: Environment and LandPetition
…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…
…The rst substantive prayer sought is for an order of temporary injunction. 25.…
Division and case type: CivilCivil Case
…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…
…The rst substantive prayer sought is for an order of temporary injunction. 25.…
Division and case type: CivilCivil Case
…The granting of this injunction has been contested by the defendant and has now heard argument whether the injunction should be confirmed or discharged. The plaintiffs are eight in number.…
…In the result the injunction granted on 21st September, 1992 is hereby discharged with costs for the defendant.…
Division and case type: Constitutional and Human RightsPetition
…This is an application for injunction. It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…
…representative before shipment and by SGS, together with the long time it took for the company to complain and finally the fact that these goods have not been returned, the company has not made out a prima facie case upon which an injunction…
Division and case type: Milimani Commercial CourtsCivil Case
…He must also show that he would suffer an irreparable injury which would not be adequately compensated by way of damages if the injunction is not granted.…
…I need not therefore consider the other conditions for the grant of an interlocutory injunction. Before concluding this matter, I cannot resist making reference to HCCC No.82 of 2006.…
Division and case type: CivilCivil Case
…They aver therefore that they are entitled to (a) a mandatory injunction compelling the defendant to restore the plaintiffs into possession and (b) a permanent injunction to restrain the defendant form Interfering with the…
…Alongside the plaint, the plaintiffs filed an application by way of Chamber Summons seeking orders that the plaintiffs be restored by way of a mandatory injunction into possession of L.R. 209/8258 forthwith, that the defendant…
Division and case type: CivilCivil Case
…is not granted and that on a balance of convenience the temporary injunction should not be granted.…
…The question that follows is whether this court should grant the injunction asked for.…
Division and case type: CivilCivil Case
…………………..APPLICANT VERSUS MACHARIA & ANOTHER………………… RESPONDENT RULING By a Chamber Summons dated 17th but filed in court on 18th May, 1990 the applicants as defendants in the suit pray, for an order vacating the order in injunction…
…The ex parte order of injunction was made after hearing the plaintiff who was the applicant. The present applicants who were the respondents had notice of the date, place and time the application was to be heard.…
Division and case type: Milimani Commercial CourtsCivil Case
…1999 DAVIS NATHAN CHELOGOI..................................................PLAINTIFF versus DIAMOND TRUST BANK LTD............................................DEFENDANT R U L I N G On 11th November, 1999 I gave an order of Injunction…
…For sometime now, the courts have held that a dispute as to how much is payable in respect of the principal sum or interest cannot avail a litigant in the plaintiff’s position the remedy of an injunction.…
Division and case type: CivilCivil Case
…The plaintiff filed an application for an injunction preventing the City Council of Nairobi by a permanent and mandatory injunction from interfering with the said development and construction (in a separate suit they sued…
…Rimita, J who issued an injunction adjourned he matter till 19.8.2003 when I was then the vacation duty judge.…
Division and case type: CivilCivil Case
…Any order for an injunction may bedischarged, or varied, or set aside by thecourt on application made thereto by anyparty dissatisfied with such order."…
…He urged thecourt to discharge the injunction orders that were made against him.…
Division and case type: CivilCivil Case
…The granting of an injunction is exercise of the Court’s discretion.…
…It is also argued that the injunction would entail the breach of the building contract with a third party. So it is urged that these factors dictate against the granting of the injunction.…
Division and case type: CivilCivil Case
….…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took…
…On the day they filed the suit the plaintiffs also filed an ex parte application for an injunction to restrain the defendants from disposing of the said plots.…
Division and case type: CivilCivil Case
…In this regard, it is common ground that the circumstances which led to the grant of the earlier injunction still stand.…
…The applicant has also to show that unless the injunction is granted he might suffer irreparable injury as in the absence of such possibility an injunction will not normally be granted.…
Division and case type: CivilCivil Case
…In this regard, it is common ground that the circumstances which led to the grant of the earlier injunction still stand.…
…The applicant has also to show that unless the injunction is granted he might suffer irreparable injury as in the absence of such possibility an injunction will not normally be granted.…
Division and case type: Milimani Commercial CourtsCivil Case
…The 1st defendant seeks an order that the interim injunction made on 23rd June 2003 and confirmed on 17th September 2003 be discharged.…
…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…
Division and case type: GeneralUnclassified
…RESPONDENTS (An application for Injunction pending intended Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbito) dated 13th March, 1997 in H.C.C.C.…
…NO. 23 OF 1997) ********** RULING OF THE COURT The application is for injunction on the grounds that there are arguable points to be canvassed at the appeal and that the appeal would be nugatory if the appeal succeeds.…