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…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…

…The first consideration impels a court to grant the relief in a deserving case.…

…That case spells out the necessary conditions for the grant of the relief.…

…Now, injunction is an equitable relief, a court of equity administers justice according to fairness as contrasted with the strict formulated rules of common law.…

…Since equity administers justice on basis of fairness, it would be wrong for that very relief to be used to afford someone unfairness, and the court has power to discharge an injunction where such unfairness is to be found…

…MUGIRIA [1983] KLR 78, this statement is to be found at page 94: “the mistake or misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under Order…

…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…

…this appeal, filed a suit in the court of the Principal Magistrate, Milimani Commercial Courts Nairobi to claim from the defendant – now appellant, a sum of Kshs.148,260/= plus costs of the suit and interest and any other relief…