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: Constitutional and Human RightsJudicial Review
…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 Suit
…The necessary conditions for the grant of an interlocutory injunction were spelt out by Spry, V.P. in GIELLA –vCASSMAN BROWN & CO. LTD., [1973] E.A. 358.…
…As in injunction is an equitable remedy, a condition of equal importance with the above three is that the conduct of applicant must meet the approval of a Court of Equity.…
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: Environment and LandLand Case
…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…
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 Case
…Any order for an injunction may bedischarged, or varied, or set aside by thecourt on application made thereto by anyparty dissatisfied with such order."…
…He urged thecourt to discharge the injunction orders that were made against him.…
Division and case type: GeneralUnclassified
…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.…
Division and case type: Environment and LandLand Case
….…………..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…
Division and case type: Milimani Commercial CourtsCivil Case
…REPUBLIC OF KENYA John Njoroge Warui vUniversal Bank Ltd High Court of Kenya at Nairobi August 7, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 583 of 2000 This is an application for an injunction under Order…
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: 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.…