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…Musyoka in Osodo v Osodo [2025] KEHC 19137 (KLR) where held that; ‘ The danger with seeking a permanent injunction in the main suit, and thenfiling an interlocutory application for a temporary injunction order pending the…

…Indeed, in suits of this nature, where similar prayers are sought in the plaint and in an interlocutory application, the main suit may, obliquely, be disposed of, unintentionally, at the interlocutory stage.…

…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…

…application. 8.…

…In Locabail International Finance Ltd v Agroexport & Others [1986] 1 All ER 901 , where the court held: “A mandatory injunction ought not to be granted on an interlocutory application in the absence of special circumstances…

…The danger with seeking a permanent injunction in the main suit, and then filing an interlocutory application for a temporary injunction order pending the suit, is that the same facts will have to be considered, and the determination…

…Indeed, in suits of this nature, where similar prayers are sought in the plaint and in an interlocutory application, the main suit may, obliquely, be disposed of, unintentionally, at the interlocutory stage.…

…This court, sitting as an appellate court on an interlocutory application, cannot and should not assume the role of a trial court.…

…In the persuasive authority of Nguruman Limited v Jan Bonde Nielsen & 2 others [2013] KECA 347 (KLR) , the Court of Appeal emphasized that an appellate court on an interlocutory application should not conduct what amounts…

…Although the Plaintiff sought various substantive reliefs in the Plaint, this appeal concerns the interlocutory application filed contemporaneously with the suit rather than the main claim. 6.…

…The Appellant argued that the Replying Affidavit was filed solely in opposition to the interlocutory injunction application and not as a response to the substantive claim.…

…Evidently, since the closure of the pleadings and the determination of an interlocutory application the Plaintiff/ Respondent has been rather slow in prosecution her case to its logical conclusion.…

…Although the application seeks to amend an interlocutory application rather than a pleading in the strict sense, the principles applicable to amendments of pleadings are instructive. 7.…

…The application and the appeal fall squarely within the doctrine of res judicata. 2) Whether the surcharge may be invalidated through the interlocutory application 12.…

…The application that was dismissed by the trial court was an interlocutory application.…

…Further, while the appeal challenges the portion of the judgment relating to the same reliefs sought in this interlocutory application, it is notable that certain circumstances have since changed.…

…Given that no substantive progress was made in the appeal and that the Respondent has already been compensated for her participation in the interlocutory application, I find that awarding further costs would not be justified…

…Granting this alternative prayer would bypass the trial court's ruling, render the pending appeal against that ruling moot and allow the Applicant to obtain by way of an interlocutory application what he seeks in the substantive…

…It also did not participate in the main proceedings before the lower court but made appearances in the hearing of the interlocutory application which it did not oppose.…

…The Applicant/Appellant instituted suit together with an interlocutory application in Mavoko MCCC/E409 of 2024 in the case of William Nzilu Malonza v. ABSA Bank PLC & Another.…

…On or about 14th October 2024, the trial court dismissed the Appellant's/ Applicant’s interlocutory application which sought an order of injunction against sale of the suit property. 3.…

…He consequently prayed for the striking out of the appeal and the interlocutory application for stay of execution and stay of proceedings. [19] On her part, the 1 st interested party proposed the following issues for determination…

…In my view, the issues for determination are two-fold: [a] Whether the appeal, and by extension the interlocutory application filed therewith is incompetent for want of leave; and, [b] Whether justifiable cause has been shown…

…He urged that in his Affidavit, he explained that he concentrated in defending the interlocutory application and only remembered of the defence after the Ruling on that interlocutory application was delivered.…

…I cannot set it aside on an interlocutory application. 13.…

…In the circumstances of this interlocutory application, I am not persuaded that the absence of a formal company resolution is, by itself, sufficient to strike out the affidavit or the motion.…