Case law
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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
…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
…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: CivilCivil Appeal
…The learned judge however granted an injunction to restrain the defendant from interfering with the plaintiff in his development of the suit premises.In this appeal it has been argued that having granted this injunction the…
…Viscount Finlay explained that the power to award damages to the party injured either in addition to or in substitution for an injunction if the damages are given in addition to the injunction they are to compensate for the…
Division and case type: CivilCivil Appeal
…Finding no alternative the respondent sought the injunction in terms as granted. Mr.…
…Camman Brown (1973) E.A, 358 principles were satisfied and in our view the learned judge exercised his discretion to grant the injunction in question quite properly. Mr.…
Division and case type: CivilCivil Appeal
…The application was heard interpartes and injunction granted on May 8, 1986 to last till the determination of the appeal.…
…Evidence by way of affidavits in an application for injunction is not complete.…
Division and case type: CivilCivil Appeal
…Aggrieved by that act the Respondent filed HCCC Number 45 of 2006 and sought inter alia a declaration that that repossession was illegal and a mandatory injunction to compell the Appellant to return the vehicle to her.…
…Contemporaneously with the filing of that suit the Respondent also applied for a prohibitory injunction to restrain the Appellant from selling the vehicle and a mandatory injunction compelling him to return the vehicle to…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Appeal
…In the plaint the appellant prayed for an order of injunction against his eviction and restoration to the suit premises.…
…In our view, the only issue of importance in this appeal is: was the learned judge right in refusing the appellant’s plea for temporary injunction?…
Division and case type: CivilCivil Appeal
…In the plaint the appellant prayed for an order of injunction against his eviction and restoration to the suit premises.…
…In our view, the only issue of importance in this appeal is: was the learned judge right in refusing the appellant’s plea for temporary injunction?…
Division and case type: CivilCivil Appeal
…Hence the plaintiff filed the suit in the superior court and claimed an injunction.…
…would suffer irreparable loss unless the injunction was granted.…
Division and case type: CriminalMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…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 Appeal
…Wandu's Emporium sought a mandatory injunction against the two respondents Ngugi Gitonga and Wargen Service Station Ltd.…
…The purpose of the said injunction was for the reinstatement of the applicant in certain premises from which it had apparently been evicted. Juma, J. rejected the application on the 23rd February, 1996.…
Division and case type: CivilCivil Appeal
…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…
…In other words the application for a temporary injunction was a non-starter from the date of filing. For the sake of clarity the court repeats.…
Division and case type: CivilCivil Appeal
…On that date there was no appearance for the appellant and the injunction given ex parte on 4th July, 1994 was confirmed.…
…An interim injunction was issued which was extended from time to time until 19th October, 1994, when the application was finally heard.…
Division and case type: CivilCivil Appeal
…been filed in the High Court seeking an injunction to restrain the Corporation from retiring the applicants.…
…to restrain only and not a mandatory injunction for a reinstatement.…
Division and case type: CivilCivil Appeal
…To forestall the auction sale, the respondent promptly sued and immediately thereafter obtained an ex parte injunction.…
…He consequently granted the orders for injunction. On appeal to us, Mr.…