Search court decisions

….…………..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…

…An injunction is a judicial remedy, by which a person or society or company or some public or private body is ordered by the court to refrain from doing or ordered to do a particular act or thing.…

…The court would issue a temporary injunction even if section 96 and order XXXIX rules 1 and 2 were not there, for they do not take away the court’s inherent power to do so.…

…In my view, that decision is clearly distinguishable from the facts obtaining in the present case.Here, an application for an injunction had been made to the learned Judge and he held "the application for injunction based…

…The Judge, therefore, specifically dismissed the application for an injunction which had been made to him, under Order XXXIX of the Civil Procedure Rules.…

…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…

…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…

…The only issues before the judge were the application for the injunction, which Nyarangi J (as he then was) had granted ex parte on the 29th July, 1983, and which the Respondent sought to continue when the matter came before…

…The proper course for the applicant to have taken was to seek an injunction or to have brought a declaratory suit if it contended that the arbitration was incompetent, as indicated in the passage from the 19th Edition of…

…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…

…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…

…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…

…(b) A permanent order of injunction restraining the defendant, his agents, servants, assignees and or anybody acting on his behalf from threatening, embarrassing, scandalizing, defaming the plaintiff or interfering in any…