Case law
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Division and case type: Environment and Land CourtCivil Suit
…The issue for determination is whether the Plaintiff is entitled to a permanent injunction order as sought in the Plaint dated 1st July, 2015. 11.…
…Limited v Sheriff Molana Habib [2018] eKLR the Court explained as follows regarding permanent injunctions: “A permanent injunction which is also known as perpetual injunction is granted upon the hearing of the suit.…
Division and case type: Environment and Land CourtCivil Suit
…The issue that arise for this court’s determination is whether the applicant has demonstrated that he is entitled to the orders sought of eviction, permanent injunction and police security during eviction. 7.…
…On the prayer for Permanent Injunction, I note that the same is a substantive prayer, which was not granted in the judgment. 12.…
Division and case type: Environment and Land CourtCivil Suit
…c) Whether this Honorable Court ought to issue an order of permanent injunction against the Defendants? d) Whether costs ought to issue? 12. …
…On the issue of whether the Plaintiffs are entitled to an order of a permanent injunction, in the case of Kenya Power & Lighting Co.…
Division and case type: High Court CivilCivil Suit
…He urged that these are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…
…The Law on Permanent Injunctions 60. The authorities below are a relevant guide on what the law on permanent injunctions are; 61. In the case of Kenya Power & Lighting Co.…
Division and case type: High Court CivilCivil Suit
…He urged that these are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…
…The Law on Permanent Injunctions The authorities below are a relevant guide on what the law on permanent injunctions are; In the case of Kenya Power & Lighting Co.…
Division and case type: Environment and Land CourtCivil Suit
…A permanent injunction was described in Kenya Power & Lighting Co.…
…A permanent injunction perpetually restrains the commission of an act by the Defendant in order for the rights of the Plaintiff to be protected.…
Division and case type: Environment and Land CourtCivil Suit
…The plaintiff submitted that he had proven his case as regards permanent injunction and special damages. He therefore urged the court to award both prayers.…
…It further argued that the prayer for permanent injunction is overtaken by events since the encroachment is not continuing in nature.…
Division and case type: Environment and Land CourtCivil Suit
…Consequently, the Plaintiff prayed for judgment against the Defendant for: A permanent injunction be issued to restrain the defendant whether by himself, his servants, agents, heirs, personal representatives and or any other…
…In those circumstances, the reliefs of permanent injunction and eviction are moot and cannot issue.…
Division and case type: Environment and Land CourtCivil Suit
…Whether or not the plaintiff is entitled to a permanent injunction. c. Whether the plaintiff is entitled to costs. 5.…
…These are the three pillars upon which rests the foundation of any order of injunction, interlocutory or permanent.…
Division and case type: Environment and Land CourtCivil Suit
…The plaintiff submitted that he had proven his case as regards permanent injunction and special damages. He therefore urged the court to award both prayers.…
…I will therefore grant a permanent injunction. The plaintiff also sought judgment at prayer (b) of the plaint for special damages of KShs 278,500 for loss of trees and crops.…
Division and case type: Environment and Land CourtCivil Suit
…He contended that in those circumstances, a permanent injunction should issue.…
…It further argued that the prayer for permanent injunction is overtaken by events since the encroachment is not continuing in nature.…
Division and case type: Environment and Land CourtCivil Suit
…By a Plaint dated 22nd July, 2021, the Plaintiffs herein sued the Defendants seeking the following orders: a) An order of permanent injunction restraining the 1st and 2nd Defendants by themselves, agents, servants from trespassing…
…The Plaintiffs had sought an order of a permanent injunction against the Defendants barring them from interfering with the suit land in any way.…
Division and case type: Environment and Land CourtCivil Suit
…A permanent injunction restraining the Defendant, his servants or agents from interfering with the land parcel NO BUKHAYO/KISOKO/1998 and the Plaintiff’s peaceful occupation thereof.…
…A permanent injunction restraining both parties from carrying out any farming activities on the land parcel NO BUKHAYO/KISOKO/1998 until the case is heard and determined.…
Division and case type: High Court CivilCivil Suit
…The principal prayer, in the plaint, is for a permanent injunction, to restrain the defendant, and others, not named as parties, from selling, advertising for sale, auctioning or in in any way interfering with the rights…
…Although the sole prayer is for permanent injunction, it is not pleaded, in the body of the plaint, that the defendant has commenced the process of foreclosing on Bukhayo/Mundika/8263, or disposing of that property, by way…
Division and case type: Environment and Land CourtCivil Suit
…The plaintiff has sought for a permanent injunction and eviction order against the defendants.…
…A permanent injunction is defined as a court order requiring a person to do or cease doing specific action that is issued as a final order of a court.…
Division and case type: High Court DivCivil Suit
…They argued that this court has powers to issue permanent injunction under sections 1A, 3 and 3A of the Civil Procedure Act.…
…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent. …
Division and case type: Environment and Land CourtCivil Suit
…Permanent injunction restraining the Defendant from trespassing to parcel No. 1960, Kasunguni Adjudication Section. b. General damages for trespass. c. Costs of the suit. 2. …
…The Plaintiff is seeking a permanent injunction against the Defendants and general damages for trespass. The Plaintiff has proved that he is the registered owner of Makueni/Kasunguni/1960.…
Division and case type: Environment and Land CourtCivil Suit
…He deponed that upon judgment a permanent injunction was issued to the defendant and his agents, and the applicant is already in contempt for not adhering to the said orders.…
…A permanent injunction was issued by this court against the defendants restraining them from in any manner interfering with the suit property or the plaintiff’s quiet possession thereof.…
Division and case type: Environment and Land CourtCivil Suit
…Counsel for the Defendant filed submissions on 9th May 2024 and identified the following issues for determination: a) Whether an order of permanent injunction should issue?…
…Limited v Sheriff Molana Habib [2018] eKLR the Court explained as follows regarding permanent injunctions: “A permanent injunction which is also known as perpetual injunction is granted upon the hearing of the suit.…
Division and case type: Environment and Land CourtCivil Suit
…The plaintiff seeks prayers for grant of permanent and mandatory injunction which was to be directed towards all the defendants. In Kenya Power & Lighting Co.…
…Limited vs Sheriff Molana Habib (2018) eKLR the court held inter alia as follows; “…A permanent injunction which is also known as perpetual injunction is granted upon the hearing of the suit.…