Case law
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Division and case type: CivilCivil Suit
…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.…
…As in injunction is an equitable remedy, a condition of equal importance with the above three is that the conduct of applicant must meet the approval of a Court of Equity.…
Division and case type: CivilCivil Suit
…In it the Plaintiff seeks an interim injunction restraining the Defendant/Respondent, by himself, his servants or agents from alienating, wasting and/or in any other way interfering with the Plaintiff’s quiet enjoyment of…
…It was submitted on behalf of the Applicant that the Applicant is entitled to protection by way of an injunction against the Respondents’ acts of trespass and destruction of the Defendant’s fence surrounding the suit premises…
Division and case type: Environment and LandLand Case
…NAI. 284 OF 1997 (UR.120/97) BETWEEN EZRA ODONDI OPAR ........................................APPLICANT AND TOTAL KENYA LIMITED ....................................RESPONDENT (Application for an order of a temporary injunction…
Division and case type: CivilCivil Suit
…(e) An injunction restraining the bank from allowing her so to do...”…
…What would be the effect of granting the injunction?…
Division and case type: Environment and LandLand Case
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
…The usual rule is that an injunction is granted to preserve the subject-matter pending the hearing and the determination of the action so that the rights if any of an appellant are safeguarded to prevent the appeal, if successful…
Division and case type: CivilCivil Suit
…The plaintiffs have sought a temporary injunction under order 39 of the Civil Procedure Rules and section 3A of the Civil Procedure Act restraining the defendants, their servants and agents from carrying out orders contained…
…In short the balance of convenience seems to me to be in favour of refusing the injunction.…
Division and case type: Anti-CorruptionCivil Suit
…Whether or not to grant an injunction is in the discretion of the court. The discretion is a free one but must be judicially exercised. It must be based on commonsense and legal principles.…
…Secondly, that unless granted an injunction he is likely to suffer injury incapable of adequate redress by an award of damages.…
Division and case type: CivilCivil Suit
…He was, however, concerned with whether or not the company should have the interlocutory injunction and he did not have to decide the issues in the suit.…
…The company’s next move was to ask for an interim injunction pending the determination of its appeal from his ruling but the learned judge declared he saw: “no grounds for granting an injunction that would manifestly result…
Division and case type: CivilCivil Suit
…claims that he was forced to come to court by reason of lack of any provision in the agreement between the parties of procedures for dealing with the reliefs he is seeking in this court, namely, besides others, an interim injunction…
…5.1.89) and the arbitration process does not provide a procedure for protecting such interest pending the determination of the dispute through the process, his only remedy was to file a court action and apply for an interim injunction…
Division and case type: CivilCivil Suit
…filed on the 12th May 2003 by M/s Mungatana & Co Advocates, praying for a declaration that a piece of land situated at Haraborogo within Masabubu location in Tana River District belongs to him, the plaintiff, and that an injunction…
…Filed along the plaint is a Chamber Summons in which the plaintiff seeks interim orders of injunction to issue under Order XXXIX Rules 1 and 2 of the Civil Procedure Rules based on the grounds that the piece of land in question…
Division and case type: Environment and LandLand Case
…The plaintiff/applicant filed the Notice of Motion dated 24th February, 2016 seeking an order of injunction against the defendant/respondent to restrain him, his servants and/or agents from collecting rent and interfering…
…This being an application seeking orders of injunction, I am guided by the Principles laid down in the case of Giella v Cassman Brown & Company Limited [1973] E.A 358 that the applicant must show they have a prima facie case…
Division and case type: CivilCivil Suit
…The Plaintiff’s claim against the defendants is for an order of injunction to restrain the 1st to 10th defendants from assuming office as representatives of the said group ranch.…
Division and case type: CivilCivil Suit
…He therefore prays for a permanent injunction to restrain him by himself, his servants or agents from stepping on the land; general damages for trespass to be assessed by this court; mesne profits to be determined by this…
…I grant injunction of a permanent nature to the plaintiff directed at the defendant, his servants or agents to restrain them from entering or interfering with the plaintiff’s quiet enjoyment of the land.…
Division and case type: CivilCivil Suit
…The orders sought are as follows: "b.THAT a temporal injunction do issue restraining the defendants jointly and severally from convening the Harambee Co-operative Savings & Credit Society Limited Sacco Annual General Meeting…
Division and case type: CivilCivil Suit
…It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages.…
…Although the respondents got themselves registered as proprietors of the applicant’s parcel of land and got certificate of title, the suit filed for injunction as to trespass, possession and damages relates to a different…
Division and case type: CivilCivil Suit
…I therefore grant to the orders of:- a) A permanent injunction directed to the 1st, 2nd 3rd & 4th defendants and restraining then from selling disposing, leasing or in any other way alienating any of the sub-division plots…
Division and case type: Environment and LandLand Case
…I therefore grant to the orders of:- a) A permanent injunction directed to the 1st, 2nd 3rd & 4th defendants and restraining then from selling disposing, leasing or in any other way alienating any of the sub-division plots…
Division and case type: Environment and LandLand Case
…The Applicant deponed that, on 29th July 2022, this court delivered a judgment and decree that among others, comprised of the relief of a mandatory injunction requiring the defendant, his agents, servants or licensees to…
…The applicant must prove to the required standard (in civil contempt cases which is higher than civil cases) that: (a) the terms of the order (or injunction or undertaking) were clear and unambiguous and were binding on the…
Division and case type: CivilCivil Suit
…She obtained an interim injunction on March 11, 1980 from WilkinsonGuillemard J restraining Ruchathi from having anything to do with this land until the suit was determined.…
Division and case type: CivilCivil Suit
…Mbugua took the matterto court and on 18th May,1989 Hon.Justice Dugdale issued acourt injunction. The defendant explained that Mr.…