Judgment[1984] KECA 66
Case law
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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: 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: CivilMiscellaneous Application
…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…
Division and case type: CivilMiscellaneous Application
…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: CivilORIGINATING SUMMONS
…In the case of Aghal A.I.R. 1926 sind 201, Labu A.C.J. held that the court has power to grant on interim mandatory injunction under order XXXIX, r 1 and 2, (India) but this power it to be used sparingly and each case should…
…He seeks mandatory injunction against the respondents. As I have said the respondents have not committed any wrong against the applicant. They have not taken away his rights unlawfully.…
Division and case type: CivilMiscellaneous Application
…(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…