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: CivilCivil Case
…Thus the power of the court to order the injunction prayed for flows from the authority of this rule.…
…Meaning that the court is to decide which is the lesser of two evils to grant the injunction and hurt the defendant or to decline to do so and hurt the plaintiff.…
Division and case type: CivilCivil Case
…On the same day Mr Justice Akiwumi granted the application for temporary injunction until 2.9.88 for hearing the application inter partes. On 2.9.88 Mr Justice Tank extended the injunction to 7.9.88.…
…He states that if the injunction is not granted the case would serve no purpose. In other words, the suit would be rendered nugatory, if the injunction is not granted.…
Division and case type: CivilCivil Case
…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 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 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: FamilySuccession Cause
…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 Case
…The granting of this injunction has been contested by the defendant and has now heard argument whether the injunction should be confirmed or discharged. The plaintiffs are eight in number.…
…In the result the injunction granted on 21st September, 1992 is hereby discharged with costs for the defendant.…
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 Case
…They aver therefore that they are entitled to (a) a mandatory injunction compelling the defendant to restore the plaintiffs into possession and (b) a permanent injunction to restrain the defendant form Interfering with the…
…Alongside the plaint, the plaintiffs filed an application by way of Chamber Summons seeking orders that the plaintiffs be restored by way of a mandatory injunction into possession of L.R. 209/8258 forthwith, that the defendant…
Division and case type: CivilCivil Case
…is not granted and that on a balance of convenience the temporary injunction should not be granted.…
…The question that follows is whether this court should grant the injunction asked for.…
Division and case type: CivilCivil Case
…………………..APPLICANT VERSUS MACHARIA & ANOTHER………………… RESPONDENT RULING By a Chamber Summons dated 17th but filed in court on 18th May, 1990 the applicants as defendants in the suit pray, for an order vacating the order in injunction…
…The ex parte order of injunction was made after hearing the plaintiff who was the applicant. The present applicants who were the respondents had notice of the date, place and time the application was to be heard.…
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: CivilCivil Case
…The plaintiff filed an application for an injunction preventing the City Council of Nairobi by a permanent and mandatory injunction from interfering with the said development and construction (in a separate suit they sued…
…Rimita, J who issued an injunction adjourned he matter till 19.8.2003 when I was then the vacation duty judge.…
Division and case type: CivilCivil Suit
…In it the Plaintiff seeks an interim injunction restraining the Defendant/Respondent, by himself, his servants or agents from alienating, wasting and/or in any other way interfering with the Plaintiff’s quiet enjoyment of…
…It was submitted on behalf of the Applicant that the Applicant is entitled to protection by way of an injunction against the Respondents’ acts of trespass and destruction of the Defendant’s fence surrounding the suit premises…
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.…