Case law
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Division and case type: Anti-CorruptionCivil Appeal
…Accordingly, the appeal would be dismissed and the injunction restraining the rm from acting for the defendant would be continued...” 6.…
…Hence refusal of the injunction.…
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
…When he filed it, the cause of action was very much alive, and the court felt confident enough to grant temporary orders of injunction upon the suit.…
Division and case type: CivilMiscellaneous Application
…The only issues before the judge were the application for the injunction, which Nyarangi J (as he then was) had granted ex parte on the 29th July, 1983, and which the Respondent sought to continue when the matter came before…
…The proper course for the applicant to have taken was to seek an injunction or to have brought a declaratory suit if it contended that the arbitration was incompetent, as indicated in the passage from the 19th Edition of…
Division and case type: CivilCivil Case
…In the case of Aghal A.I.R. 1926 sind 201, Labu A.C.J. held that the court has power to grant on interim mandatory injunction under order XXXIX, r 1 and 2, (India) but this power it to be used sparingly and each case should…
…He seeks mandatory injunction against the respondents. As I have said the respondents have not committed any wrong against the applicant. They have not taken away his rights unlawfully.…
Division and case type: CivilCivil Suit
…The Plaintiff’s claim against the defendants is for an order of injunction to restrain the 1st to 10th defendants from assuming office as representatives of the said group ranch.…
Division and case type: CivilCivil Case
…Having summarized the arguments of the 2 learned counsel, I have the following to say, and that is, Reading through the Civil Procedure Code I find that Section 63 (c) empowers the court to grant a temporary injunction and…
…However, as far as obtaining an order for injunction to restrain and seek redress in cases of disobedience are concerned, the procedure to be adopted is prescribed in order XXXIX rule 2, sub-rules 1 and 3.…
Division and case type: CivilMiscellaneous Application
…It is the suit filed by Shem Nyambasi Mulefu and Elija Nandi Chikamai against the applicant for injunction, eviction and general damages.…
…Although the respondents got themselves registered as proprietors of the applicant’s parcel of land and got certificate of title, the suit filed for injunction as to trespass, possession and damages relates to a different…
Division and case type: CivilCivil Appeal
…Having filed the suit the appellants applied for an interim injunction to restrain the respondent from selling their property known as LR No.10261/2 situate in Nairobi.…
Division and case type: CivilCivil Suit
…He therefore prays for a permanent injunction to restrain him by himself, his servants or agents from stepping on the land; general damages for trespass to be assessed by this court; mesne profits to be determined by this…
…I grant injunction of a permanent nature to the plaintiff directed at the defendant, his servants or agents to restrain them from entering or interfering with the plaintiff’s quiet enjoyment of the land.…
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.…
…The court suo motu, and in exercise of its inherent jurisdiction joined XZIT LTD as a party in the suit and extended the injunction to cover it.…
Division and case type: GeneralUnclassified
…Respondents (Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable…
Division and case type: CivilCivil Appeal
…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…
…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: Milimani Commercial CourtsCivil Case
…Together with the application, they lodged an application under a certificate of urgency for an injunction to restrain the defendants from interfering with the suit property or levying any distress thereon.…
Division and case type: CivilCivil Appeal
…On 25th April 1994, the Mayor applied for a temporary injunction against the appellants and the Council.…
…Knowing the frequency with which ex parte injunctions are applied for and obtained from the High Court-indeed such injunctions are granted as a matter of course and without any reason or reasons being assigned therefore as…
Division and case type: CivilCivil Appeal
…The application was preceded by an application for a temporary injunction to restrain the petitioner, Jitendra Brahmbhatt, from proceeding further with the winding up petition which he had filed in the High Court on August…
…, in which Lord Diplock had said that the party seeking such an injunction had merely to show that there was a serious question to be tried.…
Division and case type: CriminalCase number Criminal Revision
…I therefore grant to the orders of:- a) A permanent injunction directed to the 1st, 2nd 3rd & 4th defendants and restraining then from selling disposing, leasing or in any other way alienating any of the sub-division plots…
Division and case type: Constitutional and Human RightsPetition
…I therefore grant to the orders of:- a) A permanent injunction directed to the 1st, 2nd 3rd & 4th defendants and restraining then from selling disposing, leasing or in any other way alienating any of the sub-division plots…
Division and case type: Constitutional and Human RightsConstitutional Petition
…I therefore grant to the orders of:- a) A permanent injunction directed to the 1st, 2nd 3rd & 4th defendants and restraining then from selling disposing, leasing or in any other way alienating any of the sub-division plots…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…I therefore grant to the orders of:- a) A permanent injunction directed to the 1st, 2nd 3rd & 4th defendants and restraining then from selling disposing, leasing or in any other way alienating any of the sub-division plots…