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…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.…

….…………..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.…

…That a temporary injunction be granted restraining the 2nd defendant from selling, transferring or otherwise interfering with the parcel known as Chembe/Kibabamushe/427 pending hearing and determination of this suit. 2.…

…That a temporary injunction be granted restraining the 2nd defendant from evicting or otherwise interfering with the quiet possession and occupation by the plaintiffs of the parcel known as Chembe/Kibabamushe/427. 2a.…

…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…