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…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.…

…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.…

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

…application”.…

…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.…

…applications in the matter which slowed the preparation for the intended appeal.…

…applications, the first on behalf of the applicant for a stay of execution and the second by the respondent in connection with the setting aside a consent order which was recorded by O’Connor, J. caused some delay.…

…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…

…The Court also notes there are instances where the Parties in an interlocutory application differ from those in the main suit/petition.…

…Musyoka in Osodo v Osodo [2025] KEHC 19137 (KLR) where held that; ‘ The danger with seeking a permanent injunction in the main suit, and thenfiling an interlocutory application for a temporary injunction order pending the…

…Indeed, in suits of this nature, where similar prayers are sought in the plaint and in an interlocutory application, the main suit may, obliquely, be disposed of, unintentionally, at the interlocutory stage.…

…Similarly, 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,…

…thinks it ought to be decided at once, or if the act done is simple and summary one which can be easily remedied, or if the defendant attempted to steal a march on the plaintiff…. a mandatory injunction will be granted on an interlocutory…

…It is trite law that an interlocutory application seeking injunctive relief must be grounded in a substantive suit or appeal.…

…In Proto Energy Limited v Hashi Energy Limited [2020] eKLR, the Court clearly stated: “An application for an interlocutory injunction must be anchored on a substantive suit.…

…Before I embark on considering the merits of the application, this court obligated to satisfy itself that it has jurisdiction to entertain the appeal and the interlocutory application before it. 8.…

…Consequently, I find that this Court lacks jurisdiction to entertain either the appeal or the interlocutory application for stay of execution. 17.…

…If a mandatory injunction has to be granted at all on interlocutory application, it is granted only to restore status quo and not to establish a new state of things. Earlier in NANDAN PICTURES LTD.…

…It would appear that if a mandatory injunction is granted at all on an interlocutory application, it is granted only to restore the status quo and not granted to establish a new state of things, differing from the state,…

…NO. 15 OF 1995) *********************** JUDGMENT OF THE COURT This is a second appeal on an interlocutory application.…