Case law
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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: 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: 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: 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: CivilCivil Case
…Many of these considerations may also depend on what temporary injunctions one seeks, e.g. a mandatory or a prohibitory temporary injunction.…
…the injunctive restraint or enjoinment.…
Division and case type: CivilCivil Case
…She seeks an injunction against Hilton restraining it from disposing of the jewellery and for a tracing order.…
…In her chamber summons taken out on September 3, 1987 and on the basis of which she was given an ex parte injunction on September 10, 1987 under a certificate of urgency she is seeking: (1) A temporary injunction against…
Division and case type: CivilCivil Case
…This is the basis on which this application has been brought to court asking for an injunction to restrain the Defendant/Respondents from borrowing further sums of money using their security.…
…Mr Kwach for the defendant/respondents on the other hand submitted that the prayer for injunction is not one of the prayers in the plaint filed on 27/2/82.…
Division and case type: CivilCivil Case
…Further, it has been held in several authorities that a judge who feels no doubt in dismissing a claim to an interlocutory injunction may perfectly consistently with his decision recognize that his decision might be reversed…
…and that the comparative effects of granting or refusing an injunction are such that it would be right to preserve the status quo pending appeal.…
Division and case type: CivilCivil Case
…MBITI...............................................................................PLA INTIFFS VERSUS CONSOLIDATED BANK OF KENYA............................DEFENDANT R U L I N G The applicants seeks an order of injunction…
…The application does not specify the duration of the injunction Order sought but the supporting affidavit seems to indicated that the injunction order is sought until plaintiffs are able to sell L.R Nairobi Block 195/65 and…
Division and case type: CivilCivil Case
…The plaintiffs therefore sought the following reliefs: a declaration that the resolution of the Governing Council terminating their membership of the Chamber is null and void; an injunction restraining the Chamber from acting…
…I must now revert to the rules that guide the granting of injunctions.…
Division and case type: CivilCivil Case
…In paragraph 7 of the affidavit sworn by the defendant’s manager in reply to the present chamber summons seeking an interim injunction to restrain the defendant from selling this particular vehicle to anyone else pending…
…I would be constrained to grant the injunction sought by this application.…