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…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.…

…Under this sub – title, the main issue here is whether the Plaintiff is entitled to be granted the relief of an interlocutory injunction.…

…If the applicant establishes a prima facie case that alone is not sufficient basis to grant an interlocutory injunction, the court must further be satisfied that the injury the respondent will suffer, in the event the 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.…

…The principles for the grant of a temporary injunction are well set out in the case of Giella vs. Cassman Brown & Co. Ltd (1973) EA 358. 15.…

…The principles for  grant of a temporary injunction are well settled. In the case of Nguruman Limited vs.…

…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. …

…Counsel argued that the application, being of a freezing nature, falls within the scope of a Mareva injunction, which has distinct conditions from ordinary injunctions. 17. Mr.…

…He argued that in the absence of such evidence, the plaintiffs’ application seeking a Mareva injunction fails to meet the high threshold required for such an injunction.…

…date thereof, failure to which the interim injunction was to automatically lapse. 19.…

…an injunction to restrain an actionable wrong for which damages are the proper remedy.…

……A permanent injunction which is also known as perpetual injunction is granted upon the hearing of the suit. It fully determines the rights of the parties before the court and is thus a decree of the court.…

…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.…

…In this case, the respondent sought for an injunction in this Honourable Court.…

…Then on what basis could the interlocutory injunction be granted?” 12.…

…And mandatory injunction.…

…Page 358 and a Mandatory Injunction.…

…On their part, the 2nd respondent submitted that an injunction shouldn’t issue. Counsel submitted that for an injunction pending appeal to issue, it must be demonstrated that the appellant has an arguable appeal.…

…That issuance of an injunction won’t inflict greater hardship, that to refuse to grant an injunction would render the appeal nugatory, and lastly, meet the conditions set out in the case of Giella case. 13.…

…conduct of the holder of injunction is such that the court is impelled to discharge the injunction, for instance, where the injunction is being used to intimidate the Defendant or achieve an ulterior purpose; d. proof that…

…the sustenance of the injunction would cause an injustice.” 22.…

…The Defendants filed an application dated 17th June 2021 seeking to discharge the injunction and dismiss the suit for want of prosecution.…

…In my view an order of status quo is an injunction issued without stating that is an injunction.…

…The Court of Appeal in Shariff Abdi Hassan v Nadhif Jama Adan [2006] eKLR restated the position on mandatory injunction as follows: - “The courts have been reluctant to grant mandatory injunction at the interlocutory stage…

…will be granted on an interlocutory application.” a) Whether a mandatory injunction should issue against the Defendant. 9.…

…The issue for determination is whether the Applicant/Appellant is entitled to an order of temporary injunction. 12.…

…The principles for the grant of a temporary injunction pending appeal are well settled. In the case of Patricia Njeri & 3 Others vs.…

…, in the event the injunction is not granted, will be irreparable.…

…Order 40. rule 1 of the civil procedure Rules governs the grant of temporary injunctions in Kenya 12.…