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…REPUBLIC OF KENYA John Njoroge Warui vUniversal Bank Ltd High Court of Kenya at Nairobi August 7, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 583 of 2000 This is an application for an injunction under Order…

…Casman Brown [1973] 358; for the grant of an interlocutory injunction.…

…Further that as for the plaintiff’s prayer for a mandatory injunction, the same should not issue, as that the injunction will usually not issue at the interlocutory stage. 5.…

…The point of convergence in these authorities is that a mandatory injunction is different from a prohibitory injunction.…

…which is the locus classicus case of prohibitory injunctions.…

…Whether the Petitioner has satisfied the threshold for the grant of a mandatory injunction 15. The law on interlocutory injunctions is settled.…

…The Court stated as follows: - “It has been stated time and again that although the court has jurisdiction to grant a mandatory injunction at the interlocutory stage, such injunction should not be granted, absent special…

…change in circumstances rendering the injunction unnecessary.…

…The learned trial magistrate discharged the injunction on the basis that the Appellant had failed to comply with the conditions attached to the injunctive orders, particularly the obligation to make periodic payments towards…

…A mandatory injunction is different from a prohibitory injunction in the sense that while an in prohibitory injunction the applicant must, as was stated in the celebrated case of Giella vs Cassman Brown & Co.…

…Furthermore, an applicant for mandatory injunction must prove his case on a standard higher than the standard in prohibitory injunctions.” 13.…

…To start with, it is settled law that an order of permanent injunction or perpetual injunction cannot be issued at an interlocutory stage but only after a full hearing of a suit.…

…A permanent injunction is different from a temporary/interim injunction since a temporary injunction is only meant to be in force for a specified time or until the issuance of further orders from the court.…

…“The court in Giella v Cassman Brown (1973) EA 358 set out conditions for grant of temporary injunction as follows:” 4.…

…The injunction to which reference has been made in the above rule would include an injunction made ex parte under Order 40 rule 4 and may be discharged, varied or set aside besides its limited lifespan prescribed in order…

…Analysis The orders sought are in the nature of a mandatory injunction.…

…In a normal case the Court must, inter alia, feel a high degree of assurance that at the trial it will appear that the injunction was rightly granted and that is a higher standard than is required for prohibitory injunction…

…The only issue is whether the interlocutory mandatory injunction prayed for is merited. 8.…

…The circumstances under which the Court may grant a mandatory injunction were also set out in the case of MALIER UNISSA KARIM -VS- EDWARD OLUOCH ODUMBE [2015] eKLR as follows:- “The test for granting a mandatory injunction…

…The 1st defendant seeks an order that the interim injunction made on 23rd June 2003 and confirmed on 17th September 2003 be discharged.…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…The existence of a prima facie case in favor of the plaintiff is necessary before a temporary injunction can be granted.…

…It reads:- “It is the very first principle of injunction law that prima facie the court will not grant an injunction to restrain an actionable wrong for which damages are the proper remedy.…

…The court in Giella v Cassman Brown (1973) EA 358 set out conditions for grant of temporary injunction as follows:” 5.…

…The injunction to which reference has been made in the above rule would include an injunction made ex parte under Order 40 rule 4 and may be discharged, varied or set aside besides its limited lifespan prescribed in order…

…To be able to deal with a probability injunction, we are guided by the locus classic case of Giella = vs = Cassman Brown & Co. Ltd (1973) EA, 358, 360, sets out principles for grant of injunction.…

…In a normal case the Court must, inter alia, feel a high degree of assurance that at the trial it will appear that the injunction was rightly granted and that is a higher standard than is required for prohibitory injunction…

…Order 40 rule provides; Cases in which temporary injunction may be granted [Order 40, rule 1.]…

…Injunction being an equitable remedy, the court is enjoined to look at the conduct of the supplicant for the injunctive orders, the surrounding circumstances whether the orders sought are likely to affect the interests of…

…He avers that the Plaintiffs have failed to make a compelling case for the mandatory injunctions.…

…The key issue for determination is whether the Applicant has met the threshold for the grant of an interlocutory injunction.…

…A permanent injunction is different from a temporary/interim injunction since a temporary injunction is only meant to be in force for a specified time or until the issuance of further orders from the court.…

…would have the effect of granting permanent or mandatory injunctions and sometimes even eviction orders as order 39 does not provide for grant of permanent injunctions at interlocutory stage.” 39.…

…what is required for a prohibitory injunction.”…

…Subsequently, the Plaintiff obtained an injunction to prevent the sale of the truck.…

…injunction.…

…Among the positive injunctions will be mandatory injunction.  This injunction orders some act to be done.  Part of this family is the restorative injunction being sought by the applicants in the instant application. …