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…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.…

…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.…

…claims that he was forced to come to court by reason of lack of any provision in the agreement between the parties of procedures for dealing with the reliefs he is seeking in this court, namely, besides others, an interim injunction…

…5.1.89) and the arbitration process does not provide a procedure for protecting such interest pending the determination of the dispute through the process, his only remedy was to file a court action and apply for an interim injunction…

…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…

…Consequently the plaintiff did not wish to proceed with the prayers for injunction and declaration. The plaintiff was not right to institute concurrent proceedings before two separate courts.…

…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.…

…Civil Practice and Procedure - injunctions - ex-parte injunctions - duty of applicants to make full and frank disclosure of material facts – what was the consequence of non-disclosure of facts.…

…What was the consequence of non-disclosure of facts in an application for ex parte injunctions. Held Per Nyarangi JA 1.…