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….…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took…

…On the day they filed the suit the plaintiffs also filed an ex parte application for an injunction to restrain the defendants from disposing of the said plots.…

…In this regard, it is common ground that the circumstances which led to the grant of the earlier injunction still stand.…

…The applicant has also to show that unless the injunction is granted he might suffer irreparable injury as in the absence of such possibility an injunction will not normally be granted.…

…In this regard, it is common ground that the circumstances which led to the grant of the earlier injunction still stand.…

…The applicant has also to show that unless the injunction is granted he might suffer irreparable injury as in the absence of such possibility an injunction will not normally be 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.…

…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…

…An injunction is a judicial remedy, by which a person or society or company or some public or private body is ordered by the court to refrain from doing or ordered to do a particular act or thing.…

…The court would issue a temporary injunction even if section 96 and order XXXIX rules 1 and 2 were not there, for they do not take away the court’s inherent power to do so.…

…In the plaint the appellant prayed for an order of injunction against his eviction and restoration to the suit premises.…

…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?…

…In the plaint the appellant prayed for an order of injunction against his eviction and restoration to the suit premises.…

…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?…

…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.…

…Hence the plaintiff filed the suit in the superior court and claimed an injunction.…

…would suffer irreparable loss unless the injunction was granted.…

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

…the injunctive restraint or enjoinment.…

…He was, however, concerned with whether or not the company should have the interlocutory injunction and he did not have to decide the issues in the suit.…

…The company’s next move was to ask for an interim injunction pending the determination of its appeal from his ruling but the learned judge declared he saw: “no grounds for granting an injunction that would manifestly result…

…He was, however, concerned with whether or not the company should have the interlocutory injunction and he did not have to decide the issues in the suit.…

…The company’s next move was to ask for an interim injunction pending the determination of its appeal from his ruling but the learned judge declared he saw: “no grounds for granting an injunction that would manifestly result…

…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.…

…She seeks an injunction against Hilton restraining it from disposing of the jewellery and for a tracing order.…

…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…

…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.…

…This is the basis on which this application has been brought to court asking for an injunction to restrain the Defendant/Respondents from borrowing further sums of money using their security.…

…Mr Kwach for the defendant/respondents on the other hand submitted that the prayer for injunction is not one of the prayers in the plaint filed on 27/2/82.…

…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.…

…On that date there was no appearance for the appellant and the injunction given ex parte on 4th July, 1994 was confirmed.…

…An interim injunction was issued which was extended from time to time until 19th October, 1994, when the application was finally heard.…