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…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for one primary order, save for costs, that “a temporary…

…injunction do issue restraining the defendant whether by itself, its servants and/or employees from selling or offering for sale whether by public auction or private treaty, transferring, charging, leasing, pledging or in…

…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…

…In other words the application for a temporary injunction was a non-starter from the date of filing. For the sake of clarity the court repeats.…

…My researches have not unearthed any rules by the Rules Committee for the procedure of obtaining a temporary injunction save those made under section 81 of the Act which are known as the Civil Procedure Rules.…

…Inherent power of the Court – There was a conflict of judicial opinion on the question whether the court could issue a temporary injunction under s. 151, when the case did not fall within the terms of O 39, r 1 and r 2.…

…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?…

…injunction.…

…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?…

…injunction.…

…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…

…In other words the application for a temporary injunction was a non-starter from the date of filing. For the sake of clarity the court repeats.…

…In order to stop the take-over, the respondent filed a suit in the Resident Magistrate’s Court at Nakuru against the appellant and obtained an injunction which temporarily restrained from taking over the station.…

…Simultaneously with this plaint, the respondent applied for a temporary injunction under Order 39 rr 1,2 and 3 of the Civil Procedure Rules.…

…I would not consider the stated losses to be of such a nature as would not be capable of compensation in damages should the temporary injunction not be granted.…

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

…The remedy of temporary injunction is not declartory of the law .…

…That a temporary injunction be granted restraining the 2nd defendant from selling, transferring or otherwise interfering with the parcel known as Chembe/Kibabamushe/427 pending hearing and determination of this suit. 2.…

…That a temporary injunction be granted restraining the 2nd defendant from evicting or otherwise interfering with the quiet possession and occupation by the plaintiffs of the parcel known as Chembe/Kibabamushe/427. 2a.…

…Having summarized the arguments of the 2 learned counsel, I have the following to say, and that is, Reading through the Civil Procedure Code I find that Section 63 (c) empowers the court to grant a temporary injunction and…

…The plaintiff prayed for judgment against the defendants jointly and severally for: a temporary injunction to restrain the defendants from alienating, disposing off the land or registering any instrument or transaction over…

…In her chamber summons taken out on September 3, 1987 and on the basis of which she was given an ex parte injunction on September 10, 1987 under a certificate of urgency she is seeking: (1) A temporary injunction against…

…case with a probability of success in the light of the defence filed by the second defendant, that the plaintiffs will not suffer irreparable injury if the injunction is not granted and that on a balance of convenience the temporary…

…injunction should not be granted.…

…computation 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.”…