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…NO. 5936 OF 1993) JUDGMENT OF THE COURT This is an appeal by the defendants against the grant by the superior court (Dugdale J), of an interlocutory injunction on the 11th day of April, 1994 restraining them from entering…

…The application for interlocutory injunction made by the plaintiff was heard fully by the Judge who was satisfied that the plaintiff established a prima facie case with a reasonable probability of success and that the plaintiff…

…The conditions for the grant of an interlocutory injunction were finally settled in East Africa in the case of Giella v Cassman Brown & Co Ltd [1973] EA 358 where in the course of his judgment Vice President Spry said: “The…

…conditions for the grant of an interlocutory injunction are now, I think, well settled in East Africa.…

…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury. Thirdly, balance of convenience comes in if the court is in doubt.…

…This is one of the requirements a judge may consider when granting an interlocutory injunction as pointed out in Order 39 rule 2(2) of Civil Procedure Rules.…

….…………..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…

…On the same day, 15th September 1987, the plaintiff appeared on an application ex parte before the Hon Mr Justice Akiwumi, and there obtained an ex parte interlocutory injunction restraining the defendants from removing the…

…It was further ordered that the interlocutory application and the suit itself would be heard in open court upon both oral and affidavit evidence, and that the interlocutory injunction would be continued to 28th September…

…Further, it has been held in several authorities that a judge who feels no doubt in dismissing a claim to an interlocutory injunction may perfectly consistently with his decision recognize that his decision might be reversed…

…LTS (1973) EA p. 358 are firstly, the applicant must show a prima facie case with a probability of success, secondly, an interlocutory injunction would not normally be granted unless the applicant might suffer irreparable…

…LTS (1973) EA p. 358 are firstly, the applicant must show a prima facie case with a probability of success, secondly, an interlocutory injunction would not normally be granted unless the applicant might suffer irreparable…

…If damages in the measure recoverable under such an undertaking would be an adequate remedy and the plaintiff would be in a financial position to pay them, there would be no reason this ground to refuse an interlocutory injunction…

…This is an interlocutory appeal against the exercise of the discretion of the learned judge who refused an interlocutory injunction pending trial.…

…and Co Ltd [1973] EA 358, I am to take the following principles into account in adjudicating upon the application before me namely that; (a) the applicants must show a prima facie case with a probability of success (b) an interlocutory…

…injunction is not normally granted unless the applicant might otherwise suffer irreparable injury which would not be adequately compensated by an award of damages and (c) if the court is in doubt it will decide the application…

…The conditions for the grant of an interlocutory injunction are set out in the case of Giella v Cassman Brown & Co Ltd [1973] EA 358.…

…It also applied in the suit for and obtained an interlocutory injunction against the 14 shareholders restraining them from selling or transfering their shares in their company.…

…Ethicon Ltd [1975] A.C. 396 he granted the respondent an interlocutory injunction. There are indeed contentious issues in the appeal. However, we will not say anything on them at this stage. On 24th March, 1997, Messrs.…

…I grant the interlocutory injunction sought in paragraphs 1 and 2 of the chamber summons. Costs to be costs in the cause. The plaintiff to have leave to serve the plaint, chamber summons and affidavit.”…

…Okong’o & Others, (1976) KLR 42, Mustafa JA said at page 48: “I am of the view that the conditions for the grant of an interlocutory injunction are now well settled in East Africa, and I can see no reason to depart from them…

…On the same day, August 10, 1984 that the plaint was filed, a chamber summons was filed seeking a vacation hearing for an interlocutory injunction to restrain the First Defendant from parting with the proceeds of the sale…

…An interlocutory injunction deals only with the probable success of the Plaintiff, and therefore is not a matter which is judicata, outside those particular interlocutory proceedings.…

…Mr Lakha said that there was no question here that the judge had attempted to decide the issue upon the principles laid down in relation to interlocutory injunctions in American Cyanamid Co v Ethicon Ltd [1975] 1 All ER 504…

…It is true that passage was referring to the question of whether the party concerned could be compensated in damages on an interlocutory injunction, but it is in my view an admirable statement of the correct approach to an…

…In his plaint, the Mayor sought an interlocutory injunction against the appellants and the Council to restrain them from purporting to hold or acting and conducting themselves as if there had been a valid election affecting…

…The 1st respondent had asked the High Court orders for, inter alia, (a) an interlocutory injunction to restrain the appellants by themselves, agents servants or otherwise howsoever, from purporting to hold out or act or conduct…