Case law
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Division and case type: CivilCivil Appeal
…the corpse and thirdly that the defendants and each of them etc be restrained by injunction from removing the body of the deceased from where it now lies.…
…Simultaneously the defendants’ application for injunction orders against the plaintiff were dismissed with costs.…
Division and case type: CivilCivil Appeal
…As was to be expected, the plaintiff having earlier succeeded in obtaining appropriate injunctions against Saul and Nyambu, then sought the interlocutory injunctions contained in his Chamber Summons dated 26th October, 1992…
…This is so since the interlocutory injunctions granted him by the superior court have been upheld.…
Division and case type: CivilCivil Appeal
…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: Constitutional and Human RightsJudicial Review
…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 Appeal
…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 Appeal
…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: High Court Civil Appellate DivisionCivil Appeal
…change in circumstances rendering the injunction unnecessary.…
…The learned trial magistrate discharged the injunction on the basis that the Appellant had failed to comply with the conditions attached to the injunctive orders, particularly the obligation to make periodic payments towards…
Division and case type: High Court CivilCivil Appeal
…To be able to deal with a probability injunction, we are guided by the locus classic case of Giella = vs = Cassman Brown & Co. Ltd (1973) EA, 358, 360, sets out principles for grant of injunction.…
…In a normal case the Court must, inter alia, feel a high degree of assurance that at the trial it will appear that the injunction was rightly granted and that is a higher standard than is required for prohibitory injunction…
Division and case type: High Court CivilCivil Appeal
…On their part, the 2nd respondent submitted that an injunction shouldn’t issue. Counsel submitted that for an injunction pending appeal to issue, it must be demonstrated that the appellant has an arguable appeal.…
…That issuance of an injunction won’t inflict greater hardship, that to refuse to grant an injunction would render the appeal nugatory, and lastly, meet the conditions set out in the case of Giella case. 13.…
Division and case type: Environment and Land CourtJudicial Review
…Prayer 5 and 6 seek Mandatory Injunction as well as police assistance. 4. The said prayers are as follows; 5.…
…The law on interlocutory mandatory injunction was stated in the decision of Kenya Breweries Limited Vs.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Ltd (1973) E.A 385 the principle for the grant of an injunction are settled.…
…an injunction is declined. that the balance of convenience tilts in favour for the grant of the interim injunction.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellants submitted that the trial court erred in granting the injunction orders in favour of the Respondent despite the fact that the Respondent had not made a proper case for grant of orders of injunction within the…
…the Government Proceedings Act which stipulates that no injunctive orders can be issued against the government.…
Division and case type: High Court CivilCivil Appeal
…He thus urged the court not to allow the injunctive orders and allow the bank to proceed with the deductions.…
…injunction is not granted, and c. ally any doubts as to (b) by showing that the balance of convenience is in his favour.…
Division and case type: High Court DivCivil Appeal
…Further, the Respondent misled the court to grant him an injunction based on a forged title-deed.…
…the injunction was issued by dint of a legal process and operation of the law, the Plaintiff deemed it fit to file the present suit. 25.…
Division and case type: High Court CivilCivil Appeal
…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…
…Despite that finding, the court nonetheless proceeded to grant the injunction. 34.…
Division and case type: High Court Judicial ReviewJudicial Review
…Rule 31(5) of the Fair Administrative Action Rules talks of the court granting a stay or injunction “pending an appeal or review of its decision.”…
…The applicant does not seek stay or injunction with respect to my decision of 6th July 2026, for, by that decision, I merely dismissed the originating motion.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is trite law that mandatory injunction orders can only issue at an interlocutory stage where there are special circumstances are demonstrated.…
…A different standard higher than that in prohibitory injunction is required before an interlocutory mandatory injunction is granted.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…That the Appellant previously sought an injunction on 03rd February 2022. vi. That an injunction was granted on 29th March 2022 for 90 days with directions for reconciliation of accounts and continued payments. vii.…
…harm that cannot be compensated by damages, and show that the balance of convenience favours the grant of an injunction.…
Division and case type: High Court CivilCivil Appeal
…The first test of a prima facie case for grant of temporary injunction has therefore been satisfied. 20.…
…satisfied that the injury the Respondent will suffer in the event the injunction is not granted will be irreparable.…
Division and case type: High Court DivCivil Appeal
…The only issue for determination is whether the applicant has met the threshold for grant of injunctions as set out in the Giella Casman Case.…
…an injunction to restrain an actionable wrong for which damages are the proper remedy.…