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…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.…

…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.…

…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.…

…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.…

…change in circumstances rendering the injunction unnecessary.…

…The learned trial magistrate discharged the injunction on the basis that the Appellant had failed to comply with the conditions attached to the injunctive orders, particularly the obligation to make periodic payments towards…

…To be able to deal with a probability injunction, we are guided by the locus classic case of Giella = vs = Cassman Brown & Co. Ltd (1973) EA, 358, 360, sets out principles for grant of injunction.…

…In a normal case the Court must, inter alia, feel a high degree of assurance that at the trial it will appear that the injunction was rightly granted and that is a higher standard than is required for prohibitory injunction…

…On their part, the 2nd respondent submitted that an injunction shouldn’t issue. Counsel submitted that for an injunction pending appeal to issue, it must be demonstrated that the appellant has an arguable appeal.…

…That issuance of an injunction won’t inflict greater hardship, that to refuse to grant an injunction would render the appeal nugatory, and lastly, meet the conditions set out in the case of Giella case. 13.…

…Ltd (1973) E.A 385 the principle for the grant of an injunction are settled.…

…an injunction is declined. that the balance of convenience tilts in favour for the grant of the interim injunction.…

…The Appellants submitted that the trial court erred in granting the injunction orders in favour of the Respondent despite the fact that the Respondent had not made a proper case for grant of orders of injunction within the…

…the Government Proceedings Act which stipulates that no injunctive orders can be issued against the government.…

…He thus urged the court not to allow the injunctive orders and allow the bank to proceed with the deductions.…

…injunction is not granted, and c. ally any doubts as to (b) by showing that the balance of convenience is in his favour.…

…Further, the Respondent misled the court to grant him an injunction based on a forged title-deed.…

…the injunction was issued by dint of a legal process and operation of the law, the Plaintiff deemed it fit to file the present suit. 25.…

…The conditions for the grant of an interlocutory injunction are, first, that an Applicant must show a prima facie case with a probability of success; secondly, that an interlocutory injunction will not normally be granted…

…Despite that finding, the court nonetheless proceeded to grant the injunction. 34.…

…It is trite law that mandatory injunction orders can only issue at an interlocutory stage where there are special circumstances are demonstrated.…

…A different standard higher than that in prohibitory injunction is required before an interlocutory mandatory injunction is granted.…

…That the Appellant previously sought an injunction on 03rd February 2022. vi. That an injunction was granted on 29th March 2022 for 90 days with directions for reconciliation of accounts and continued payments. vii.…

…harm that cannot be compensated by damages, and show that the balance of convenience favours the grant of an injunction.…

…The first test of a prima facie case for grant of temporary injunction has therefore been satisfied. 20.…

…satisfied that the injury the Respondent will suffer in the event the injunction is not granted will be irreparable.…

…The only issue for determination is whether the applicant has met the threshold for grant of injunctions as set out in the Giella Casman Case.…

…an injunction to restrain an actionable wrong for which damages are the proper remedy.…

…If the applicant establishes a prima facie case that alone is not sufficient basis to grant an interlocutory injunction, the court must further be satisfied that the injury the respondent will suffer, in the event the injunction…

…In conclusion, the appellant submits they have demonstrated that the Respondents were not entitled to any injunctive relief and the trial court erred in both law and fact when she granted the injunctive order.…

…If the applicant establishes a prima facie case that alone is not sufficient basis to grant an interlocutory injunction, the court must further be satisfied that the injury the respondent will suffer, in the event the injunction…

…In conclusion, the appellant submits they have demonstrated that the Respondents were not entitled to any injunctive relief and the trial court erred in both law and fact when she granted the injunctive order.…

…That the Appellant previously sought an injunction on 03rd February 2022. That an injunction was granted on 29th March 2022 for 90 days with directions for reconciliation of accounts and continued payments.…

…Analysis and Determination Whether the Appellant has met the threshold for grant of an interlocutory injunction pending appeal The principles governing the grant of interlocutory injunctions were first articulated in Giella…