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…1999 DAVIS NATHAN CHELOGOI..................................................PLAINTIFF versus DIAMOND TRUST BANK LTD............................................DEFENDANT R U L I N G On 11th November, 1999 I gave an order of Injunction…

…For sometime now, the courts have held that a dispute as to how much is payable in respect of the principal sum or interest cannot avail a litigant in the plaintiff’s position the remedy of an injunction.…

…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…

…The 1st defendant seeks an order that the interim injunction made on 23rd June 2003 and confirmed on 17th September 2003 be discharged.…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…Whether or not to grant an injunction is in the discretion of the court. The discretion is a free one but must be judicially exercised. It must be based on commonsense and legal principles.…

…Secondly, that unless granted an injunction he is likely to suffer injury incapable of adequate redress by an award of damages.…

…In those premises, the defendant contends that the plaintiff has not satisfied the conditions for the grant of an interlocutory injunction.…

…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…

…I remind myself that an injunction is a great and beneficial equitable remedy.…

…Of course the refusal of an injunction in this case would be to perpetuate the wife’s resented absence from the matrimonial home and her non use of her usual personal care.…

…LTD. [1973] E.A. 358 and submitted that the Plaintiff had failed to satisfy the test for the grant of interlocutory injunctions it had sought.…

…(Supra) is the locus classicus in the grant of interlocutory injunctions within our jurisdiction.…

…As is the tradition of this court, an injunction cannot issue simply on the basis of the contested outstanding loan amounts.…

…The Applicant has not demonstrated which irreparable loss, if any, she would incur that cannot be compensated by way of damages if the injunction is not granted.…

…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.…

…Accordingly, the appeal would be dismissed and the injunction restraining the rm from acting for the defendant would be continued...” 6.…

…Hence refusal of the injunction.…

…NO. 1965 OF 1991) ********************** RULING OF THE COURT The application for injunction, filed in the superior court in 1991 (we are now in 1998) was withdrawn on 12th March, 1998.…

…The two applications are seeking stay of the order of the superior court granting an injunction restraining the applicants from trespassing upon the respondent's property L.R. 209/12222 to which it has title.…

…Respondents (Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable…

…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…

…I therefore grant to the orders of:- a) A permanent injunction directed to the 1st, 2nd 3rd & 4th defendants and restraining then from selling disposing, leasing or in any other way alienating any of the sub-division plots…

…On the court's assessment of the facts in this application, it is clear that the parties argued two injunction applications against each other.…

…The orders alleged to have been contravened is to the event that an injunction was issued to restrain to plaintiff/respondent and or his servants and or agents and or employees from entering and or trespassing into and or…

…of time (whether under these Rules or any order of the court) for the amending, delivering or fling of any pleading or the doing of any other act; Provided that this rule shall not apply to any application of a temporary injunction…

…There arose some disagreements as a result of which the oil company sought an injunction to restrain the dealer from obtaining oil from other sources other than the oil company (plaintiff) in breach of the agreement.…