Case law
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Division and case type: CriminalCriminal Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…These are the three pillars on which rest the foundation of any order of injunction interlocutory or permanent.…
Division and case type: Milimani Commercial CourtsCivil Case
…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: CivilCivil Appeal
…If damages in the measure recoverable under such an undertaking would be an adequate remedy and the plaintiff would be in a financial position to pay them, there would be no reason this ground to refuse an interlocutory injunction…
…This is an interlocutory appeal against the exercise of the discretion of the learned judge who refused an interlocutory injunction pending trial.…
Division and case type: Milimani Commercial CourtsCivil Case
…I need not therefore consider the other conditions for the grant of an interlocutory injunction. Before concluding this matter, I cannot resist making reference to HCCC No.82 of 2006.…
Division and case type: CivilCivil Suit
…and Co Ltd [1973] EA 358, I am to take the following principles into account in adjudicating upon the application before me namely that; (a) the applicants must show a prima facie case with a probability of success (b) an interlocutory…
…injunction is not normally granted unless the applicant might otherwise suffer irreparable injury which would not be adequately compensated by an award of damages and (c) if the court is in doubt it will decide the application…
Division and case type: Anti-CorruptionCivil Suit
…There are four prayers: (1) An interlocutory injunction issue restraining the respondents by themselves, their servants or agents from interfering with the plaintiffs’ tenancy on plot No 6 Noon Kopir / Kitengela, pending…
Division and case type: CivilCivil Case
…On the same day, 15th September 1987, the plaintiff appeared on an application ex parte before the Hon Mr Justice Akiwumi, and there obtained an ex parte interlocutory injunction restraining the defendants from removing the…
…It was further ordered that the interlocutory application and the suit itself would be heard in open court upon both oral and affidavit evidence, and that the interlocutory injunction would be continued to 28th September…
Division and case type: CivilCivil Appeal
…LTS (1973) EA p. 358 are firstly, the applicant must show a prima facie case with a probability of success, secondly, an interlocutory injunction would not normally be granted unless the applicant might suffer irreparable…
Division and case type: CivilCivil Appeal
…LTS (1973) EA p. 358 are firstly, the applicant must show a prima facie case with a probability of success, secondly, an interlocutory injunction would not normally be granted unless the applicant might suffer irreparable…
Division and case type: CivilMiscellaneous Application
…It filed with its plaint a summons in chambers under Order XXXIX rules 1-3 of the Civil Procedure Rules supported by an affidavit of Mr Macharia asking the High Court for an interlocutory injunction restraining the Bank and…
…He was, however, concerned with whether or not the company should have the interlocutory injunction and he did not have to decide the issues in the suit.…
Division and case type: CivilCivil Suit
…It filed with its plaint a summons in chambers under Order XXXIX rules 1-3 of the Civil Procedure Rules supported by an affidavit of Mr Macharia asking the High Court for an interlocutory injunction restraining the Bank and…
…He was, however, concerned with whether or not the company should have the interlocutory injunction and he did not have to decide the issues in the suit.…
Division and case type: Constitutional and Human RightsJudicial Review
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
Division and case type: CivilCivil Case
…The conditions for the grant of an interlocutory injunction are set out in the case of Giella v Cassman Brown & Co Ltd [1973] EA 358.…
Division and case type: CivilCivil Appeal
…Ethicon Ltd [1975] A.C. 396 he granted the respondent an interlocutory injunction. There are indeed contentious issues in the appeal. However, we will not say anything on them at this stage. On 24th March, 1997, Messrs.…
Division and case type: CivilCivil Appeal
…I grant the interlocutory injunction sought in paragraphs 1 and 2 of the chamber summons. Costs to be costs in the cause. The plaintiff to have leave to serve the plaint, chamber summons and affidavit.”…
Division and case type: CivilCivil Case
…Mr Taib Ali Taib said that the conditions for granting an interlocutory injunction are as set out in the case of Giella v Cassman Brown & Co Ltd [1973] E A 358, which we all know.…
…interlocutory injunctions”, as if what is stated is the whole law on the subject.…
Division and case type: CivilCivil Case
…It also applied in the suit for and obtained an interlocutory injunction against the 14 shareholders restraining them from selling or transfering their shares in their company.…
Division and case type: FamilySuccession Cause
…Is the applicant entitled to obtain an interlocutory injunction against the interest party? The provisions for are laid out in Order XXXIX of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…Okong’o & Others, (1976) KLR 42, Mustafa JA said at page 48: “I am of the view that the conditions for the grant of an interlocutory injunction are now well settled in East Africa, and I can see no reason to depart from them…
Division and case type: CivilCivil Appeal
…On the same day, August 10, 1984 that the plaint was filed, a chamber summons was filed seeking a vacation hearing for an interlocutory injunction to restrain the First Defendant from parting with the proceeds of the sale…
…An interlocutory injunction deals only with the probable success of the Plaintiff, and therefore is not a matter which is judicata, outside those particular interlocutory proceedings.…