Case law
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Division and case type: CivilCivil Suit
…claims that he was forced to come to court by reason of lack of any provision in the agreement between the parties of procedures for dealing with the reliefs he is seeking in this court, namely, besides others, an interim injunction…
…5.1.89) and the arbitration process does not provide a procedure for protecting such interest pending the determination of the dispute through the process, his only remedy was to file a court action and apply for an interim injunction…
Division and case type: CivilCivil Case
…MBITI...............................................................................PLA INTIFFS VERSUS CONSOLIDATED BANK OF KENYA............................DEFENDANT R U L I N G The applicants seeks an order of injunction…
…The application does not specify the duration of the injunction Order sought but the supporting affidavit seems to indicated that the injunction order is sought until plaintiffs are able to sell L.R Nairobi Block 195/65 and…
Division and case type: Constitutional and Human RightsJudicial Review
…b) Whether on the evidence and material placed before the court, the Appellant has satisfied the conditions upon which a temporary injunction can be granted?…
…Whether on the evidence and material placed before the court, the plaintiff has satisfied the conditions upon which a temporary injunction can be granted? 15. .…
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.…
…Order 40 of Civil Procedure Rules deals with Temporary Injunction is specifically excluded for succession matters.…
Division and case type: Milimani Commercial CourtsCivil Case
…As is the tradition of this court, an injunction cannot issue simply on the basis of the contested outstanding loan amounts.…
…The Applicant has not demonstrated which irreparable loss, if any, she would incur that cannot be compensated by way of damages if the injunction is not granted.…
Division and case type: CivilCivil Appeal
…To forestall the auction sale, the respondent promptly sued and immediately thereafter obtained an ex parte injunction.…
…He consequently granted the orders for injunction. On appeal to us, Mr.…
Division and case type: CivilCivil Appeal
…Accordingly the injunctions granted by Trainor, J were discharged.…
…The Plaintiff Company has now brought the appeal against the substantive refusal to grant the injunctions applied for.…
Division and case type: CivilCivil Case
…The plaintiffs therefore sought the following reliefs: a declaration that the resolution of the Governing Council terminating their membership of the Chamber is null and void; an injunction restraining the Chamber from acting…
…I must now revert to the rules that guide the granting of injunctions.…
Division and case type: CivilCivil Case
…In paragraph 7 of the affidavit sworn by the defendant’s manager in reply to the present chamber summons seeking an interim injunction to restrain the defendant from selling this particular vehicle to anyone else pending…
…I would be constrained to grant the injunction sought by this application.…
Division and case type: CivilCivil Suit
…filed on the 12th May 2003 by M/s Mungatana & Co Advocates, praying for a declaration that a piece of land situated at Haraborogo within Masabubu location in Tana River District belongs to him, the plaintiff, and that an injunction…
…Filed along the plaint is a Chamber Summons in which the plaintiff seeks interim orders of injunction to issue under Order XXXIX Rules 1 and 2 of the Civil Procedure Rules based on the grounds that the piece of land in question…
Division and case type: CivilCivil Appeal
…In the alternative, the applicant seeks an order of injunction against Maina Muchiri (the plaintiff) restraining him, his servants and agents from selling, disposing of, transferring or otherwise dealing with the property…
…We are satisfied that the applicant has an arguable appeal which, if successful, would be rendered nugatory if a stay or injunction is not granted. The plaintiff has been registered as proprietor already.…
Division and case type: GeneralUnclassified
…NO. 1965 OF 1991) ********************** RULING OF THE COURT The application for injunction, filed in the superior court in 1991 (we are now in 1998) was withdrawn on 12th March, 1998.…
Division and case type: CivilCivil Appeal
….…………..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: CivilCivil Case
…The injunction was to remain in force until 22nd September, 1987. Meanwhile, on 17th September, 1987, the first defendant filed a defence and counterclaim.…
…He asked for an injunction to restrain the plaintiff from burying the deceased elsewhere, and that the plaintiff’s suit be dismissed with costs.…
Division and case type: GeneralUnclassified
…The two applications are seeking stay of the order of the superior court granting an injunction restraining the applicants from trespassing upon the respondent's property L.R. 209/12222 to which it has title.…
Division and case type: CivilCivil Case
…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…
…Consequently the plaintiff did not wish to proceed with the prayers for injunction and declaration. The plaintiff was not right to institute concurrent proceedings before two separate courts.…
Division and case type: CivilCivil Case
…She sought an injunction to restrain the landlord from selling her household goods which were allegedly distrained on account of arrears of rent.…
…An ex parte injunction was granted on 12/2/91. The landlord on 14/2/91 filed an application for discharge of the ex parte order of 12/2/91. The two application have been heard together.…
Division and case type: Environment and LandLand Case
…The plaintiff/applicant filed the Notice of Motion dated 24th February, 2016 seeking an order of injunction against the defendant/respondent to restrain him, his servants and/or agents from collecting rent and interfering…
…This being an application seeking orders of injunction, I am guided by the Principles laid down in the case of Giella v Cassman Brown & Company Limited [1973] E.A 358 that the applicant must show they have a prima facie case…
Division and case type: CivilCivil Appeal
…The injunction succeeded by an order for stay i.e that the corpse remains in the mortuary until determination of appeal.…
…Thereupon Mr Kwach retorted that “in order to win an Injunction and Stay of execution in the Court of Appeal on the 18.2.87 my learned Friend (Mr Khaminwa) informed the Court from the Bar, that he had a Report from the Pathologist…
Division and case type: CivilCivil Appeal
…Upon the filing of the suit, the applicants applied for and obtained exparte, a temporary injunction which did not apply to the 1st respondent’s Korosho Road house because at that time the correction in its description had…
…As stated in Constitutional and Administrative Law, ECS Wade and AW Bradley, (10th Edn, 1985 pp 660 - 661): “An injunction may be claimed against a public authority or official, to restrain unlawful acts which are threatened…