Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…I remind myself that an injunction is a great and beneficial equitable remedy.…
…Of course the refusal of an injunction in this case would be to perpetuate the wife’s resented absence from the matrimonial home and her non use of her usual personal care.…
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: Milimani Commercial CourtsCivil Case
…LTD. [1973] E.A. 358 and submitted that the Plaintiff had failed to satisfy the test for the grant of interlocutory injunctions it had sought.…
…(Supra) is the locus classicus in the grant of interlocutory injunctions within our jurisdiction.…
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: Milimani Commercial CourtsCivil Case
…As is the tradition of this court, an injunction cannot issue simply on the basis of the contested outstanding loan amounts.…
…The Applicant has not demonstrated which irreparable loss, if any, she would incur that cannot be compensated by way of damages if the injunction is not granted.…
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.…
Division and case type: CivilCivil Case
…The injunction was to remain in force until 22nd September, 1987. Meanwhile, on 17th September, 1987, the first defendant filed a defence and counterclaim.…
…He asked for an injunction to restrain the plaintiff from burying the deceased elsewhere, and that the plaintiff’s suit be dismissed with costs.…
Division and case type: CivilCivil Case
…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…
…Consequently the plaintiff did not wish to proceed with the prayers for injunction and declaration. The plaintiff was not right to institute concurrent proceedings before two separate courts.…
Division and case type: CivilCivil Case
…She sought an injunction to restrain the landlord from selling her household goods which were allegedly distrained on account of arrears of rent.…
…An ex parte injunction was granted on 12/2/91. The landlord on 14/2/91 filed an application for discharge of the ex parte order of 12/2/91. The two application have been heard together.…
Division and case type: CivilCivil Case
…When he filed it, the cause of action was very much alive, and the court felt confident enough to grant temporary orders of injunction upon the suit.…
Division and case type: CivilCivil Case
…In the case of Aghal A.I.R. 1926 sind 201, Labu A.C.J. held that the court has power to grant on interim mandatory injunction under order XXXIX, r 1 and 2, (India) but this power it to be used sparingly and each case should…
…He seeks mandatory injunction against the respondents. As I have said the respondents have not committed any wrong against the applicant. They have not taken away his rights unlawfully.…
Division and case type: CivilCivil Case
…Having summarized the arguments of the 2 learned counsel, I have the following to say, and that is, Reading through the Civil Procedure Code I find that Section 63 (c) empowers the court to grant a temporary injunction and…
…However, as far as obtaining an order for injunction to restrain and seek redress in cases of disobedience are concerned, the procedure to be adopted is prescribed in order XXXIX rule 2, sub-rules 1 and 3.…
Division and case type: CivilCivil Case
…It also applied in the suit for and obtained an interlocutory injunction against the 14 shareholders restraining them from selling or transfering their shares in their company.…
…The court suo motu, and in exercise of its inherent jurisdiction joined XZIT LTD as a party in the suit and extended the injunction to cover it.…
Division and case type: Milimani Commercial CourtsCivil Case
…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…
Division and case type: CivilCivil Case
…E N T By an amended plaint filed in court on 20th May, 1993, the 3 plaintiffs namely: Clement Odongo Awange, Hacom Printers and Suppliers Ltd and Syprosa Akinyi, sued the two defendants jointly and severally seeking an injunction…
Division and case type: CivilCivil Case
…The Plaintiff was aggrieved by those continuous acts of trespass to his property and therefore prayed for the first Defendant's eviction from the occupied portion of his land aforesaid and also prayed for a permanent injunction…
…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…Kilifi/Mtwapa/ 40 and that the said plot be subdivided into two (portions) with the plaintiff being registered as the owner of 6 acres thereof and a perpetual injunction to restrain the 1st defendant his agents and assigns…