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…RESPONDENTS RULING There is before the Court an interlocutory application in this petition.…

…It was further submitted that the instruction fees of Kshs. 120,000 were improperly awarded since the Respondent had only opposed an interlocutory application. 10.…

…Where the instructions relate only to an interlocutory application, the instruction fee must be assessed in that context. In Premchand Raichand Ltd vs.…

…Likewise, in volume 24 Halsbury’s Laws of England, 4th Edition paragraph 948, the learned authors state as follows: “A mandatory injunction can be granted on an interlocutory application as well as at the hearing, but, in…

…application.”…

…The said Interlocutory Application is dated 30th July 2024. The suit is opposed by the Defendants, and so was the said Interlocutory Application, which was canvassed by way of written submissions.…

…On 5th December 2024, the court delivered a Ruling in respect of the said Interlocutory Application, and granted temporary Orders of injunction to restrain the 3rd and 5th Defendants from disposing, and or encumbering the…

…Though the application is an interlocutory application, it seeks a variety of orders including final orders of eviction of the 1st and 2nd Defendants from the suit property, compensation for loss of use of the land and illegal…

…The above cited prayer cannot obviously be granted in an interlocutory application before the case is heard and the evidence tested through cross-examination. As Ringera J.…

…application.…

…He submitted that good practice dictates that such an interlocutory application whose outcome could materially affect the conduct of the suit, should be resolved first.…

…Limited v Washington Okeyo [2002] eKLR cited in the case of Paul Mwaniki Gachoka & another v Nation Media Group Limited & another [2019] eKLR, where the court reasoned that: “A Mandatory Injunction can be granted on an interlocutory…

…application as well as at the hearing but, in the absence of special circumstances it will not normally be granted.…

…Indeed, issues in dispute herein cannot be determined through interlocutory Applications. Interlocutory Applications delay the hearing of the main suit, and clog the justice system.…

…However, the Court has noted that the parties herein have litigated this Appeal through various Interlocutory Applications at the expense of the main Appeal.  …

…Indeed, issues in dispute herein cannot be determined through interlocutory Applications. Interlocutory Applications delay the hearing of the main suit, and clog the justice system.…

…However, the Court has noted that the parties herein have litigated this Appeal through various Interlocutory Applications at the expense of the main Appeal.  …

…application as well as at the hearing, but, in the absence of special circumstances, it will not normally be granted.…

…application”.…

…The Applicants contend that the taxation arose out of an interlocutory application and the main suit is still pending determination.…

…In the instant case, there is no doubt that the taxation arose from an interlocutory application. The suit is still pending.…

…That there is no interlocutory application that has been filed by the plaintiff/applicant.…

…That the directions were issued on the understanding that there were two interlocutory applications which could be heard and disposed-off together.…

…Although the aforesaid provisions seem to suggest that the court can only exercise those powers at a hearing, the inherent power of the court to entertain any interlocutory application which is incidental and ancillary to…

…E010 of 2020 [2020] eKLR, I took the following position: I would even go further and hold that “hearing of a liquidation application” under section 427(1) of the Act encompasses the hearing of interlocutory applications,…

…That this Honourable court be pleased to review and/ or vary its decision to consider the application for interlocutory judgment and the subsisting execution proceedings emanating from the application dated 28th June, 2021…

…Agro-Export & Another (1986) 1 All ER, where the court stated: “A mandatory injunction ought not to be granted on an interlocutory application in the absence of special circumstances, and then only in clear cases, either…

…application as well as at the hearing but in the absence of special circumstances, it will not normally be granted.…

…Court thinks ought to be decided at once or if the act done is simple and summary one which can easily be remedied or if the Defendant attempts to steal a match on the plaintiff, a mandatory injunction will be granted on an interlocutory…

…The Court is called upon to answer the simple question as to whether it should allow an interlocutory application that seeks no definitive or substantive prayers. 2.…

…This Ruling arises out of an interlocutory application by the Defendants. The matter is pending highlighting of final submissions, so that the Court can retire to consider and write the Judgement herein.…

…In submitting that the orders sought by the plaintiff in the instant application ought not to issue as it will amount to converting the hearing of an interlocutory application into a hearing of the main suit, Mr.…

…Limited v Prashanth Projects Ltd & another [2015] eKLR, where it was held that the Court should not make findings or opinions in an interlocutory application that will prejudice the trial.…

…The Respondent argued that the Motion is fatally defective because Order 20 applies only to original suits commenced by plaint seeking accounts and has no application to interlocutory appellate proceedings. 7.…

…The present proceedings, on the other hand, arise from an interlocutory application within an appeal.…

…application they had filed under a certificate of urgency together with the petition.…

…What is clear however is that by the time the applicant filed the instant application over three years later, the petitioners had not taken a single step to prosecute their interlocutory application or to fix their petition…

…application as well as at the hearing but in the absence of special circumstances, it will not normally be granted.…

…application”.…