Case law
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Division and case type: CivilCivil Case
…is not granted and that on a balance of convenience the temporary injunction should not be granted.…
…The question that follows is whether this court should grant the injunction asked for.…
Division and case type: CivilCivil Case
…………………..APPLICANT VERSUS MACHARIA & ANOTHER………………… RESPONDENT RULING By a Chamber Summons dated 17th but filed in court on 18th May, 1990 the applicants as defendants in the suit pray, for an order vacating the order in injunction…
…The ex parte order of injunction was made after hearing the plaintiff who was the applicant. The present applicants who were the respondents had notice of the date, place and time the application was to be heard.…
Division and case type: CivilCivil Appeal
…The learned judge however granted an injunction to restrain the defendant from interfering with the plaintiff in his development of the suit premises.In this appeal it has been argued that having granted this injunction the…
…Viscount Finlay explained that the power to award damages to the party injured either in addition to or in substitution for an injunction if the damages are given in addition to the injunction they are to compensate for the…
Division and case type: Milimani Commercial CourtsCivil Case
…1999 DAVIS NATHAN CHELOGOI..................................................PLAINTIFF versus DIAMOND TRUST BANK LTD............................................DEFENDANT R U L I N G On 11th November, 1999 I gave an order of Injunction…
…For sometime now, the courts have held that a dispute as to how much is payable in respect of the principal sum or interest cannot avail a litigant in the plaintiff’s position the remedy of an injunction.…
Division and case type: CivilCivil Appeal
…Finding no alternative the respondent sought the injunction in terms as granted. Mr.…
…Camman Brown (1973) E.A, 358 principles were satisfied and in our view the learned judge exercised his discretion to grant the injunction in question quite properly. Mr.…
Division and case type: CivilCivil Case
…The plaintiff filed an application for an injunction preventing the City Council of Nairobi by a permanent and mandatory injunction from interfering with the said development and construction (in a separate suit they sued…
…Rimita, J who issued an injunction adjourned he matter till 19.8.2003 when I was then the vacation duty judge.…
Division and case type: CivilCivil Suit
…In it the Plaintiff seeks an interim injunction restraining the Defendant/Respondent, by himself, his servants or agents from alienating, wasting and/or in any other way interfering with the Plaintiff’s quiet enjoyment of…
…It was submitted on behalf of the Applicant that the Applicant is entitled to protection by way of an injunction against the Respondents’ acts of trespass and destruction of the Defendant’s fence surrounding the suit premises…
Division and case type: Environment and LandLand Case
…NAI. 284 OF 1997 (UR.120/97) BETWEEN EZRA ODONDI OPAR ........................................APPLICANT AND TOTAL KENYA LIMITED ....................................RESPONDENT (Application for an order of a temporary injunction…
Division and case type: CivilCivil Appeal
…The application was heard interpartes and injunction granted on May 8, 1986 to last till the determination of the appeal.…
…Evidence by way of affidavits in an application for injunction is not complete.…
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.…
Division and case type: CivilCivil Case
…The granting of an injunction is exercise of the Court’s discretion.…
…It is also argued that the injunction would entail the breach of the building contract with a third party. So it is urged that these factors dictate against the granting of the injunction.…
Division and case type: CivilCivil Suit
…(e) An injunction restraining the bank from allowing her so to do...”…
…What would be the effect of granting the injunction?…
Division and case type: CivilCivil Case
….…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took…
…On the day they filed the suit the plaintiffs also filed an ex parte application for an injunction to restrain the defendants from disposing of the said plots.…
Division and case type: CivilCivil Case
…In this regard, it is common ground that the circumstances which led to the grant of the earlier injunction still stand.…
…The applicant has also to show that unless the injunction is granted he might suffer irreparable injury as in the absence of such possibility an injunction will not normally be granted.…
Division and case type: CivilCivil Case
…In this regard, it is common ground that the circumstances which led to the grant of the earlier injunction still stand.…
…The applicant has also to show that unless the injunction is granted he might suffer irreparable injury as in the absence of such possibility an injunction will not normally be granted.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: GeneralUnclassified
…RESPONDENTS (An application for Injunction pending intended Appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Mbito) dated 13th March, 1997 in H.C.C.C.…
…NO. 23 OF 1997) ********** RULING OF THE COURT The application is for injunction on the grounds that there are arguable points to be canvassed at the appeal and that the appeal would be nugatory if the appeal succeeds.…
Division and case type: Environment and LandLand Case
….…………..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: Milimani Commercial CourtsCivil Case
…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…
Division and case type: CivilCivil Appeal
…Aggrieved by that act the Respondent filed HCCC Number 45 of 2006 and sought inter alia a declaration that that repossession was illegal and a mandatory injunction to compell the Appellant to return the vehicle to her.…
…Contemporaneously with the filing of that suit the Respondent also applied for a prohibitory injunction to restrain the Appellant from selling the vehicle and a mandatory injunction compelling him to return the vehicle to…