Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Environment and LandPetition
…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 RightsPetition
…This is an application for injunction. It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…
…representative before shipment and by SGS, together with the long time it took for the company to complain and finally the fact that these goods have not been returned, the company has not made out a prima facie case upon which an injunction…
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: Environment and Land CourtPetition
…That no orders of injunction are in existence, as they were never reinstated, or extended. 3.…
…Rule 6 thereof provides for lapse of injunctions as follows: “Where a suit in respect of which an interlocutory injunction has been granted is not determined within a period of twelve months from the date of the grant, the…
Division and case type: Environment and Land CourtPetition
…That there was no suit before court within which the application for injunction would be anchored.…
…There is no place in law where stay and injunction are used interchangeably.…
Division and case type: Environment and Land CourtPetition
…This therefore meant going back to the situation before the dismissal of the initial application for injunction whose interim orders collapsed with its dismissal. 10 It is contended by Ms.…
…Chesire County Council (1974)” All ER 445 where it was held that where a judge dismissed an application for interlocutory injunction, he has jurisdiction to grant the unsuccessful applicant an injunction pending appeal against…
Division and case type: GeneralUnclassified
…RESPONDENTS (An application for Injunction pending intended Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbito) dated 13th March, 1997 in H.C.C.C.…
…NO. 23 OF 1997) ********** RULING OF THE COURT The application is for injunction on the grounds that there are arguable points to be canvassed at the appeal and that the appeal would be nugatory if the appeal succeeds.…
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: Environment and Land CourtPetition
…That the respondents and the newly joined respondents be restrained by temporary injunction from selling, transferring, alienating or whatsoever dealing with the petition subject matters pending the hearing and determination…
…There being no opposition to the prayers of injunction and inhibition from the existing respondents, the same will be granted to safeguard their legal status pending the hearing and determination of the petition.…
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: Environment and Land CourtPetition
…Whether a permanent injunction restraining the Respondents from trespassing and/or encroaching the suit property should be issued.…
…In accordance with the above, the Director of Criminal Investigations acted within their legal mandate. 20 On whether a permanent injunction restraining the Respondents from trespassing and/or encroaching the suit property…
Division and case type: Environment and Land CourtPetition
…(iii) (Spent – prayer for injunction pending hearing of application) (iv) THAT the Honourable Court be pleased to issue an order of stay of execution of the judgment rendered herein by this Court on 17 September 2024 pending…
…I allowed the petition and set aside the award of the Land Disputes Tribunal and the subsequent decree and also issued an order of permanent injunction against the applicant as prayed in the petition. 5.…
Division and case type: Environment and Land CourtPetition
…In the former suit, the Plaintiffs' claim was dismissed, and the Court issued the following reliefs in favour of the 1st Respondent: a) A permanent injunction is hereby issued restraining the defendants, their servants, agents…
…from trespassing and entering into the Plaintiff’s Plot No. 295 Malindi, and from cutting down mango trees, burning charcoal, cultivating and planting crops, putting up structures and living on this land; b) A permanent injunction…
Division and case type: Environment and Land CourtPetition
…compelling the 5th Respondent and any other members of the public to remove all barricaded and blocked portions of the Muserech-Orinie-Kapsatek road. d) A permanent injunction be and is hereby issued restraining the 5th…
…to or from the petitioner’s properties since special and or exceptional circumstances existed for the grant of a mandatory injunction. 66.…
Division and case type: Environment and Land CourtPetition
…That if an order of stay or injunction, as the case may be, is not granted, the appeal, or the intended appeal, were it to succeed, would have been rendered nugatory by the refusal to grant the stay or the injunction.”…
…The law as regards applications for stay of execution, stay of proceedings or injunction is now well settled.…
Division and case type: Environment and Land CourtPetition
…'RULING By the Notice of Motion dated 26th February 2025, the seven (7) Petitioners herein pray for orders:- Spent Spent That a temporary injunction be issued restraining the 1st Respondent from proceedings with any further…
…By their application before the court, the Petitioners pray for a temporary order of injunction to issue restraining the 1st Respondent from proceeding with any further developments until full compliance with the conditions…
Division and case type: Environment and Land CourtPetition
…application is anchored on section 63 (c) of the Civil Procedure Act which provides that; “63) In order to prevent the ends of justice from being defeated, the court may, if it is so prescribed: - (c) Grant a temporary injunction…
…property be attached and sold” Pursuant to section 63(c) aforesaid, it is provided under order 40 Rule 3(1) of the Civil Procedure Rules that; “3(1) in case of disobedient breach of any such terms, the court granting an injunction…
Division and case type: Environment and Land CourtPetition
…(f) A mandatory injunction to compel the 1st and 2nd Respondents to restore the degraded dumpsite.…
…Are the reliefs sought—declarations, injunctions, restoration orders, and compensation—legally sustainable? e. …
Division and case type: Environment and Land CourtPetition
…are accordingly trespassers on the same. c) A declaration that the Defendants whether by themselves or their servants or agents and/ or otherwise howsoever are not entitled to remain on the suit property. d) A permanent injunction…
…Party removing them from land parcel 10425 and putting the Plaintiff/ Interested Party’s members into quiet possession in the same land and the same be enforced by the Commandant Machakos County. g) An order of permanent injunction…
Division and case type: GeneralUnclassified
…NO. 1965 OF 1991) ********************** RULING OF THE COURT The application for injunction, filed in the superior court in 1991 (we are now in 1998) was withdrawn on 12th March, 1998.…