Case law
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Division and case type: CivilCivil Case
…On the same day Mr Justice Akiwumi granted the application for temporary injunction until 2.9.88 for hearing the application inter partes. On 2.9.88 Mr Justice Tank extended the injunction to 7.9.88.…
…He states that if the injunction is not granted the case would serve no purpose. In other words, the suit would be rendered nugatory, if the injunction is not granted.…
Division and case type: CivilCivil Case
…The injunction was to remain in force until 22nd September, 1987. Meanwhile, on 17th September, 1987, the first defendant filed a defence and counterclaim.…
…He asked for an injunction to restrain the plaintiff from burying the deceased elsewhere, and that the plaintiff’s suit be dismissed with costs.…
Division and case type: CivilCivil Appeal
….…………..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…
Division and case type: CivilCivil Appeal
…been filed in the High Court seeking an injunction to restrain the Corporation from retiring the applicants.…
…to restrain only and not a mandatory injunction for a reinstatement.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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…