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………PLAINTIFF VERSUS D C J ……………………..1ST DEFENDANT V N K ……………………2ND DEFENDANT RULING M M, the Plaintiff herein, seeks an interlocutory injunction to restrain D C J, the 1st Defendant, from contracting a marriage under Marriage…

…The necessary conditions for the grant of an interlocutory injunction were spelt out by Spry, V.P. in GIELLA –vCASSMAN BROWN & CO. LTD., [1973] E.A. 358.…

…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…

…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…

…E287 of 2023 in which the trial court allowed the Respondent’s application dated 10th April 2023 seeking interlocutory injunction against the Appellant. 2.…

…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…

…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent. …

…Praying for an interlocutory mandatory injunction is thus an obnoxious rendition of barbaric tendencies. It is anathema to good conscious and the pleadings.…

…The conditions for the grant of an interlocutory injunction are, first, that an Applicant must show a prima facie case with a probability of success; secondly, that an interlocutory injunction will not normally be granted…

…As we have seen above, the principles governing the grant of interlocutory injunctions are well settled in Giella v Cassman Brown (supra).…

…The conditions that an applicant for an interlocutory injunction must satisfy for it to issue are well settled. The plaintiff must show, firstly, that there is a prima facie case with a probability of success.…

…The Judges of Appeal held that: “In an interlocutory injunction application, the applicant has to satisfy the triple requirements to; (a)establish his case only at a prima facie level, (b)demonstrate irreparable injury if…

…injunctions. b) That the learned magistrate misdirected himself on the law on grant of interlocutory injunctions. c) That the learned magistrate’s refusal to grant an interlocutory injunction amounted to wrongful exercise…

…to be determined at the hearing of the main suit instead of the principles for grant of interlocutory injunction as set out in case of Giella -vs- Cassman Brown (1973) EA 358 thus; “The conditions for the grant of an interlocutory…

…The issue for determination is whether or not the applicant has satisfied the conditions for the grant of an interlocutory injunction. 13.…

…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…

…In an interlocutory injunction application, the applicant has to satisfy the triple requirements to; (a)establish his case only at a prima facie level, (b)demonstrate irreparable injury if a temporary injunction is not granted…

…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…

…This is an application for interlocutory injunction pending hearing and determination of the pending suit herein.…

…Secondly, in my view, if the interlocutory injunction order is not granted, the pending suit herein will be rendered nugatory and become academic and moot.…

…In order for a party to be granted an interlocutory injunction, they must meet the following conditions that were stated by the Court of Appeal in the case of Giella vs Cassman Brown & Co. Limited (1973) E. A. 358.…

…In the case of Cheserem v Immediate Media Services & 4 others [2000] eKLR, Justice Khamoni (as he then was) had this to say of such cases: “Applications for interlocutory injunction in defamation cases are treated differently…

…NO. 5936 OF 1993) JUDGMENT OF THE COURT This is an appeal by the defendants against the grant by the superior court (Dugdale J), of an interlocutory injunction on the 11th day of April, 1994 restraining them from entering…

…The application for interlocutory injunction made by the plaintiff was heard fully by the Judge who was satisfied that the plaintiff established a prima facie case with a reasonable probability of success and that the plaintiff…

…In summary, the Appellant faults the learned trial magistrate for allegedly erring both in law and in fact by discharging the interlocutory injunction issued on 4th April 2022; failing to appreciate the adverse effects of…

…Whether the learned trial magistrate properly exercised discretion under Order 40 Rule 7 of the Civil Procedure Rules in discharging the interlocutory injunction issued on 4th April 2022. ii.…

…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…

…trial… if damages in the measure recoverable at common law would be adequate remedy and the Defendant would be in a financial position to pay them, no interlocutory injunction should normally be granted however strong the…

…On its part, the Defendant placed reliance on the case of Giella vs Cassman Brown & Co Ltd[1973] which set out the criteria to be satisfied by any applicant seeking for an interlocutory injunction.…

…It contended that an interlocutory injunction was an equitable relief falling squarely within the court’s discretion which was a judicial function that must be exercised judiciously. 28.…

…If the applicant establishes a prima facie case, that alone is not a sufficient basis to grant an interlocutory injunction.…

…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…

…In the case of Giella v Cassman Brown & Co Ltd (1973) EA 358, it was held that:- “The conditions for the grant of an interlocutory injunction are well settled in East Africa.…

…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…

…The only issue for determination is whether an order for interlocutory injunction should issue. 6. The conditions for granting an order for interlocutory injunction are now settled.…

…Secondly, an interlocutory injunction will not be granted unless an applicant might otherwise suffer irreparable injury which would not adequately be compensated by an award of damages.…

…It was deposed that the balance of convenience tilts in favour of granting the interlocutory injunctive orders sought. Replying Affidavit 5.…

…The Respondent submitted that the balance of convenience tilts in his favour since no basis has been laid for granting the interlocutory injunctions sought, pending determination of the suit.…