Search court decisions

…The injunction was to remain in force until 22nd September, 1987. Meanwhile, on 17th September, 1987, the first defendant filed a defence and counterclaim.…

…He asked for an injunction to restrain the plaintiff from burying the deceased elsewhere, and that the plaintiff’s suit be dismissed with costs.…

…filed on the 12th May 2003 by M/s Mungatana & Co Advocates, praying for a declaration that a piece of land situated at Haraborogo within Masabubu location in Tana River District belongs to him, the plaintiff, and that an injunction…

…Filed along the plaint is a Chamber Summons in which the plaintiff seeks interim orders of injunction to issue under Order XXXIX Rules 1 and 2 of the Civil Procedure Rules based on the grounds that the piece of land in question…

…In the alternative, the applicant seeks an order of injunction against Maina Muchiri (the plaintiff) restraining him, his servants and agents from selling, disposing of, transferring or otherwise dealing with the property…

…We are satisfied that the applicant has an arguable appeal which, if successful, would be rendered nugatory if a stay or injunction is not granted. The plaintiff has been registered as proprietor already.…

…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…

…The plaintiffs have sought a temporary injunction under order 39 of the Civil Procedure Rules and section 3A of the Civil Procedure Act restraining the defendants, their servants and agents from carrying out orders contained…

…In short the balance of convenience seems to me to be in favour of refusing the injunction.…

….…………..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…

…She sought an injunction to restrain the landlord from selling her household goods which were allegedly distrained on account of arrears of rent.…

…An ex parte injunction was granted on 12/2/91. The landlord on 14/2/91 filed an application for discharge of the ex parte order of 12/2/91. The two application have been heard together.…

…Upon the filing of the suit, the applicants applied for and obtained exparte, a temporary injunction which did not apply to the 1st respondent’s Korosho Road house because at that time the correction in its description had…

…As stated in Constitutional and Administrative Law, ECS Wade and AW Bradley, (10th Edn, 1985 pp 660 - 661): “An injunction may be claimed against a public authority or official, to restrain unlawful acts which are threatened…

…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.…

…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.…

…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.…

…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…

…and that the comparative effects of granting or refusing an injunction are such that it would be right to preserve the status quo pending appeal.…

…been filed in the High Court seeking an injunction to restrain the Corporation from retiring the applicants.…

…to restrain only and not a mandatory injunction for a reinstatement.…

…The only issues before the judge were the application for the injunction, which Nyarangi J (as he then was) had granted ex parte on the 29th July, 1983, and which the Respondent sought to continue when the matter came before…

…The proper course for the applicant to have taken was to seek an injunction or to have brought a declaratory suit if it contended that the arbitration was incompetent, as indicated in the passage from the 19th Edition of…

…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…

…However, as far as obtaining an order for injunction to restrain and seek redress in cases of disobedience are concerned, the procedure to be adopted is prescribed in order XXXIX rule 2, sub-rules 1 and 3.…

…In paragraph 7 of the affidavit sworn by the defendant’s manager in reply to the present chamber summons seeking an interim injunction to restrain the defendant from selling this particular vehicle to anyone else pending…

…I would be constrained to grant the injunction sought by this application.…

…The plaintiffs therefore sought the following reliefs: a declaration that the resolution of the Governing Council terminating their membership of the Chamber is null and void; an injunction restraining the Chamber from acting…

…I must now revert to the rules that guide the granting of injunctions.…

…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.…

…The court suo motu, and in exercise of its inherent jurisdiction joined XZIT LTD as a party in the suit and extended the injunction to cover it.…

…He therefore prays for a permanent injunction to restrain him by himself, his servants or agents from stepping on the land; general damages for trespass to be assessed by this court; mesne profits to be determined by this…

…I grant injunction of a permanent nature to the plaintiff directed at the defendant, his servants or agents to restrain them from entering or interfering with the plaintiff’s quiet enjoyment of the land.…