“"injunction"” — court decisions

Judgment[1995] KEHC 746 December 1995

M M v D C J & another

Judgment[1995] KEHC 829 January 1995

DAVID YATES & 5 Others v PETER MUTUNGA GACHIGI t/a PEE MCA MOTEL CLUB

High Court at MombasaKimmelmannwithout,HafnerhadCase number Civil Case 631 of 1994

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.…

8 min read

Judgment[1995] KECA 8512 November 1995

others v KASIGAU RANCHING (D.A.) LIMITED

Court of Appeal at NairobiJUDGE APPEAL,N. Dugdale,OderoCase number Civil Appeal 134 of 1994

Division and case type: CivilCivil Appeal

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

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

appeal failsDismissed4 min read

Judgment[1995] KEHC 123 October 1995

rosemary wanjiku kinyanjui v martin wainaina kinyajui

High Court at NairobiCase number Civil Case 1676 of 1995

Division and case type: Milimani Commercial CourtsCivil Case

…I remind myself that an injunction is a great and beneficial equitable remedy.…

…Of course the refusal of an injunction in this case would be to perpetuate the wife’s resented absence from the matrimonial home and her non use of her usual personal care.…

9 min read

Judgment[1995] KEHC 7627 August 1995

Kimani Wanyoike v Electoral Commission & another

High Court at NakuruKimani Wanyoike,Gitobu Imanyara,Imanyara,Kivuitu Mr,KivuituCase number Miscellaneous Civil Case 111 of 1995

Division and case type: CivilCivil Case

…In the case of Aghal A.I.R. 1926 sind 201, Labu A.C.J. held that the court has power to grant on interim mandatory injunction under order XXXIX, r 1 and 2, (India) but this power it to be used sparingly and each case should…

…He seeks mandatory injunction against the respondents. As I have said the respondents have not committed any wrong against the applicant. They have not taken away his rights unlawfully.…

10 min read

Judgment[1995] KECA 12831 August 1995

Kimani Wanyoike v Electoral Commission & another

Court of Appeal at NairobiJudge Nyeri High Court,Judge Nakuru,JUDGE ESSEX CLARK,JUDGE APPEAL,Kimani Wanyoike,Imanyara,Kivuitu,Ngei,Mbondo,CheboiwoCase number Civil Application 213 of 1996

Division and case type: CivilORIGINATING SUMMONS

…He seeks mandatory injunction against the respondents. As I have said the respondents have not committed any wrong against the applicant. They have not taken away his rights unlawfully.…

10 min read

Judgment[1995] KECA 16517 October 1995

Macharia v Mungai

Court of Appeal at NairobiShields,judge Plot No,JUDGE APPEALCivil Appeal 85 of 1990

Division and case type: CivilCivil Appeal

…The reliefs sought were for an injunction to restrain the appellants and the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her land.…

…The reliefs were for an injunction to restrain the appellants and curiously, also the County Council and their agents, from occupying the land; for damages; and for compensation for the loss of use by the respondent of her…

Appeal dismissedDismissed16 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

…The appellant then sought, besides the costs of the suit and any other or better relief which the superior court may have deemed t and just to grant, the following specic reliefs: An injunction restraining the defendant…

…They sought an injunction restraining Wamaitha from proceeding with the burial and a declaration that they have a prior right to bury the deceased at kaptagat Settlement Scheme in Uasin Gishu District.…

appeal allowedAllowed67 min read

Judgment[1995] KECA 3119 September 1995

Joseph ochieng & 2 others Trading as Aquiline Agencies v First National Bank of Chicago

Court of Appeal at NairobiRauf,JUDGE APPEAL,Justice,Lakha,Dhanji,RegeruCase number Civil Appeal 149 of 1991

Division and case type: CivilCivil Appeal

…Theplaintiffs still claimed general damages injunction and costs. But they did not claim any special damages. The defendant filed an elaborate amended defence to the amended plaint.…

16 min read