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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL CASE NO 2959 OF 1996 Hassan & 4 others v Kenya Wildlife Service Injunction – temporary injunction – principles that guide the court in granting…

…an injunction – grant of injunction against removal of a rare and endangered species from its natural habitat - preservation of wild animals in their natural habitat.…

…the corpse and thirdly that the defendants and each of them etc be restrained by injunction from removing the body of the deceased from where it now lies.…

…Simultaneously the defendants’ application for injunction orders against the plaintiff were dismissed with costs.…

…As was to be expected, the plaintiff having earlier succeeded in obtaining appropriate injunctions against Saul and Nyambu, then sought the interlocutory injunctions contained in his Chamber Summons dated 26th October, 1992…

…This is so since the interlocutory injunctions granted him by the superior court have been upheld.…

…Thus the power of the court to order the injunction prayed for flows from the authority of this rule.…

…Meaning that the court is to decide which is the lesser of two evils to grant the injunction and hurt the defendant or to decline to do so and hurt the plaintiff.…

…On the same day Mr Justice Akiwumi granted the application for temporary injunction until 2.9.88 for hearing the application inter partes. On 2.9.88 Mr Justice Tank extended the injunction to 7.9.88.…

…He states that if the injunction is not granted the case would serve no purpose. In other words, the suit would be rendered nugatory, if the injunction is not granted.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…The rst substantive prayer sought is for an order of temporary injunction. 25.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…The rst substantive prayer sought is for an order of temporary injunction. 25.…

…This is an application for injunction. It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…

…representative before shipment and by SGS, together with the long time it took for the company to complain and finally the fact that these goods have not been returned, the company has not made out a prima facie case upon which an injunction…

…The granting of this injunction has been contested by the defendant and has now heard argument whether the injunction should be confirmed or discharged. The plaintiffs are eight in number.…

…In the result the injunction granted on 21st September, 1992 is hereby discharged with costs for the defendant.…

…is not granted and that on a balance of convenience the temporary injunction should not be granted.…

…The question that follows is whether this court should grant the injunction asked for.…

…They aver therefore that they are entitled to (a) a mandatory injunction compelling the defendant to restore the plaintiffs into possession and (b) a permanent injunction to restrain the defendant form Interfering with the…

…Alongside the plaint, the plaintiffs filed an application by way of Chamber Summons seeking orders that the plaintiffs be restored by way of a mandatory injunction into possession of L.R. 209/8258 forthwith, that the defendant…

…He must also show that he would suffer an irreparable injury which would not be adequately compensated by way of damages if the injunction is not granted.…

…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.…

…………………..APPLICANT VERSUS MACHARIA & ANOTHER………………… RESPONDENT RULING By a Chamber Summons dated 17th but filed in court on 18th May, 1990 the applicants as defendants in the suit pray, for an order vacating the order in injunction…

…The ex parte order of injunction was made after hearing the plaintiff who was the applicant. The present applicants who were the respondents had notice of the date, place and time the application was to be heard.…

…1999 DAVIS NATHAN CHELOGOI..................................................PLAINTIFF versus DIAMOND TRUST BANK LTD............................................DEFENDANT R U L I N G On 11th November, 1999 I gave an order of Injunction…

…For sometime now, the courts have held that a dispute as to how much is payable in respect of the principal sum or interest cannot avail a litigant in the plaintiff’s position the remedy of an injunction.…

…NAI. 284 OF 1997 (UR.120/97) BETWEEN EZRA ODONDI OPAR ........................................APPLICANT AND TOTAL KENYA LIMITED ....................................RESPONDENT (Application for an order of a temporary injunction…

….…..PLAINTIFF VERSUS LIMURU PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took…

…On the day they filed the suit the plaintiffs also filed an ex parte application for an injunction to restrain the defendants from disposing of the said plots.…

…The 1st defendant seeks an order that the interim injunction made on 23rd June 2003 and confirmed on 17th September 2003 be discharged.…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…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.…

…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?…

…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?…