Case law
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Division and case type: Constitutional and Human RightsJudicial Review
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…The necessary conditions for the grant of an interlocutory injunction were spelt out by Spry, V.P. in GIELLA –vCASSMAN BROWN & CO. LTD., [1973] E.A. 358.…
…As in injunction is an equitable remedy, a condition of equal importance with the above three is that the conduct of applicant must meet the approval of a Court of Equity.…
Division and case type: CivilCivil Case
…Any order for an injunction may bedischarged, or varied, or set aside by thecourt on application made thereto by anyparty dissatisfied with such order."…
…He urged thecourt to discharge the injunction orders that were made against him.…
Division and case type: Milimani Commercial CourtsCivil Case
…REPUBLIC OF KENYA John Njoroge Warui vUniversal Bank Ltd High Court of Kenya at Nairobi August 7, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 583 of 2000 This is an application for an injunction under Order…
Division and case type: CivilCivil Appeal
…Aggrieved by that act the Respondent filed HCCC Number 45 of 2006 and sought inter alia a declaration that that repossession was illegal and a mandatory injunction to compell the Appellant to return the vehicle to her.…
…Contemporaneously with the filing of that suit the Respondent also applied for a prohibitory injunction to restrain the Appellant from selling the vehicle and a mandatory injunction compelling him to return the vehicle to…
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: 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 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
…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: 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 Suit
…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 Case
…The Plaintiff was aggrieved by those continuous acts of trespass to his property and therefore prayed for the first Defendant's eviction from the occupied portion of his land aforesaid and also prayed for a permanent injunction…
…This is not an application for a mandatory injunction, it is one brought under Section 3A of the Civil Procedure Act.…
Division and case type: CivilCivil Case
…Kilifi/Mtwapa/ 40 and that the said plot be subdivided into two (portions) with the plaintiff being registered as the owner of 6 acres thereof and a perpetual injunction to restrain the 1st defendant his agents and assigns…
Division and case type: CivilCivil Suit
…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: CivilCivil Appeal
…The plaintiff prayed for judgment against the defendants jointly and severally for: a temporary injunction to restrain the defendants from alienating, disposing off the land or registering any instrument or transaction over…
Division and case type: CivilCivil Appli
…I think appropriately there ought to have been a suit and an application for injunction.…