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….…………..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…

…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.…

…I therefore grant to the orders of:- a) A permanent injunction directed to the 1st, 2nd 3rd & 4th defendants and restraining then from selling disposing, leasing or in any other way alienating any of the sub-division plots…

…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.…

…judge of the superior court grants leave ex parte, under the Limitation Act to institute proceedings which can be challenged at the trail, he in a way, does no more that a judge does when he for instance, grants an ex parte injunction…