Case law
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Division and case type: CivilMiscellaneous Application
…An injunction is a judicial remedy, by which a person or society or company or some public or private body is ordered by the court to refrain from doing or ordered to do a particular act or thing.…
…The court would issue a temporary injunction even if section 96 and order XXXIX rules 1 and 2 were not there, for they do not take away the court’s inherent power to do so.…
Division and case type: CivilCivil Appeal
…In the plaint the appellant prayed for an order of injunction against his eviction and restoration to the suit premises.…
…In our view, the only issue of importance in this appeal is: was the learned judge right in refusing the appellant’s plea for temporary injunction?…
Division and case type: CivilCivil Appeal
…In the plaint the appellant prayed for an order of injunction against his eviction and restoration to the suit premises.…
…In our view, the only issue of importance in this appeal is: was the learned judge right in refusing the appellant’s plea for temporary injunction?…
Division and case type: CivilCivil Suit
…The plaintiffs have sought a temporary injunction under order 39 of the Civil Procedure Rules and section 3A of the Civil Procedure Act restraining the defendants, their servants and agents from carrying out orders contained…
…In short the balance of convenience seems to me to be in favour of refusing the injunction.…
Division and case type: CivilCivil Appeal
…Hence the plaintiff filed the suit in the superior court and claimed an injunction.…
…would suffer irreparable loss unless the injunction was granted.…
Division and case type: Anti-CorruptionCivil Suit
…Whether or not to grant an injunction is in the discretion of the court. The discretion is a free one but must be judicially exercised. It must be based on commonsense and legal principles.…
…Secondly, that unless granted an injunction he is likely to suffer injury incapable of adequate redress by an award of damages.…
Division and case type: CriminalMiscellaneous Application
…In my view, that decision is clearly distinguishable from the facts obtaining in the present case.Here, an application for an injunction had been made to the learned Judge and he held "the application for injunction based…
…The Judge, therefore, specifically dismissed the application for an injunction which had been made to him, under Order XXXIX of the Civil Procedure Rules.…
Division and case type: Milimani Commercial CourtsCivil Case
…In those premises, the defendant contends that the plaintiff has not satisfied the conditions for the grant of an interlocutory injunction.…
…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…
Division and case type: CivilCivil Case
…Many of these considerations may also depend on what temporary injunctions one seeks, e.g. a mandatory or a prohibitory temporary injunction.…
…the injunctive restraint or enjoinment.…
Division and case type: CivilMiscellaneous Application
…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.…
…The company’s next move was to ask for an interim injunction pending the determination of its appeal from his ruling but the learned judge declared he saw: “no grounds for granting an injunction that would manifestly result…
Division and case type: CivilCivil Suit
…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.…
…The company’s next move was to ask for an interim injunction pending the determination of its appeal from his ruling but the learned judge declared he saw: “no grounds for granting an injunction that would manifestly result…
Division and case type: Milimani Commercial CourtsCivil Case
…I remind myself that an injunction is a great and beneficial equitable remedy.…
…Of course the refusal of an injunction in this case would be to perpetuate the wife’s resented absence from the matrimonial home and her non use of her usual personal care.…
Division and case type: CivilCivil Appeal
…Wandu's Emporium sought a mandatory injunction against the two respondents Ngugi Gitonga and Wargen Service Station Ltd.…
…The purpose of the said injunction was for the reinstatement of the applicant in certain premises from which it had apparently been evicted. Juma, J. rejected the application on the 23rd February, 1996.…
Division and case type: CivilCivil Case
…She seeks an injunction against Hilton restraining it from disposing of the jewellery and for a tracing order.…
…In her chamber summons taken out on September 3, 1987 and on the basis of which she was given an ex parte injunction on September 10, 1987 under a certificate of urgency she is seeking: (1) A temporary injunction against…
Division and case type: CivilCivil Appeal
…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…
…In other words the application for a temporary injunction was a non-starter from the date of filing. For the sake of clarity the court repeats.…
Division and case type: CivilCivil Case
…This is the basis on which this application has been brought to court asking for an injunction to restrain the Defendant/Respondents from borrowing further sums of money using their security.…
…Mr Kwach for the defendant/respondents on the other hand submitted that the prayer for injunction is not one of the prayers in the plaint filed on 27/2/82.…
Division and case type: CivilCivil Case
…Further, it has been held in several authorities that a judge who feels no doubt in dismissing a claim to an interlocutory injunction may perfectly consistently with his decision recognize that his decision might be reversed…
…and that the comparative effects of granting or refusing an injunction are such that it would be right to preserve the status quo pending appeal.…
Division and case type: Milimani Commercial CourtsCivil Case
…LTD. [1973] E.A. 358 and submitted that the Plaintiff had failed to satisfy the test for the grant of interlocutory injunctions it had sought.…
…(Supra) is the locus classicus in the grant of interlocutory injunctions within our jurisdiction.…
Division and case type: CivilCivil Appeal
…On that date there was no appearance for the appellant and the injunction given ex parte on 4th July, 1994 was confirmed.…
…An interim injunction was issued which was extended from time to time until 19th October, 1994, when the application was finally heard.…
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.…