Search court decisions

…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.…

…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.…

…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…

…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.…

…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…

…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.…

…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.…

….…………..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…

…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.…

…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?…

…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?…

…Hence the plaintiff filed the suit in the superior court and claimed an injunction.…

…would suffer irreparable loss unless the injunction was granted.…

…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.…

…Many of these considerations may also depend on what temporary injunctions one seeks, e.g. a mandatory or a prohibitory temporary injunction.…

…the injunctive restraint or enjoinment.…

…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.…

…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.…

…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.…

…Is the applicant entitled to obtain an interlocutory injunction against the interest party? The provisions for are laid out in Order XXXIX of the Civil Procedure Rules.…

…Order 40 of Civil Procedure Rules deals with Temporary Injunction is specifically excluded for succession matters.…

…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.…