Case law
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Division and case type: Environment and Land CourtELC Land Civil Suit
…Arising from the foregoing, the issues I frame for this court’s determination are whether, at this stage, an interlocutory injunction can be issued and who should bear costs. 6.…
…The guiding principles for the grant of an interlocutory injunction are well settled in Giella v Cassman Brown & Co.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…Order 42 equally grants the court jurisdiction to issue interlocutory injunctions when exercising jurisdiction as an appellate court.…
…As a trial court, this court’s jurisdiction to issue an interlocutory injunction is granted by Order 40 of the Civil Procedure Rules. …
Division and case type: Environment and Land CourtELC Land Civil Suit
…As drawn, the application is a bit confused as to whether it is seeking a permanent injunction or interlocutory injunction since it opens with the phrase “permanent injunction” and ends with the phrase “pending hearing and…
…Needless to restate, a permanent injunction is different from an interlocutory injunction.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…The principles for the issuance of interlocutory injunctions were articulated in the well-known case of Giella v Cassman Brown & Company Limited [1973] EA 358, reiterated in Nguruman Limited v Jan Bonde Nielsen & 2 others…
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
Division and case type: Environment and Land CourtELC Environment & Planning Petition
…Principles Governing the Grant of Interlocutory Injunctions 16. …
…The jurisprudence governing the grant of interlocutory injunctions is grounded in the tripartite test laid down in Giella v Cassman Brown & Co Ltd [1973] EA 358.…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…The Plaintiff has orally applied for an interlocutory injunction. The Defendants have opposed the application. I have considered the application and the submissions.…
…I decline the invitation to grant an interlocutory injunction at this point. Parties are at liberty to make a formal application. Hearing of the suit shall be on 3rd February 2025.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The purpose of an interlocutory injunction is to protect a litigant from an irreparable damage. That is why such an injunction will not issue if damages can be an adequate compensation.…
…In those circumstances, an interlocutory injunction cannot issue. Needless to state, there is no license to the Defendants to breach the law. They will be held to account upon trial, if they are found culpable.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…Pending the hearing and determination of this suit, an interlocutory injunction be issued restraining the Respondents, their agents, servants, employees or anyone acting under their instruction, from interfering with the…
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…The law of evidence behoves the Applicant to prove the existence of the alleged facts in support of his claim to an interlocutory injunction. Under Section 107 of the Evidence Act sets out as follows:- 1.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…injunctions.…
…injunctions. 15. …
Division and case type: Environment and Land CourtELC Land Civil Suit
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…Applying the principles outlined above concerning the issuance of an interlocutory injunction, it is established that the plaintiff holds ownership of the suit land through a duly extended leasehold interest.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Court of Appeal in Rockland Kenya Limited –vs- Eliot white Miller (1994) eKLR , discussed the object of an interlocutory injunction and the considerations that the court must make, stating that, “The object of an interlocutory…
…Nonetheless, the court must in the exercise of its discretionary power in this regard be satisfied that the claim in respect of which an interlocutory injunction is sought is neither frivolous nor vexatious; in other words…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The law is well settled on the considerations that the court must take into account in an application for an interlocutory injunction as laid down in Giella -vs- Cassman Brown & Co.…
…This court is persuaded that the Plaintiff has surmounted the 2nd hurdle for the grant of an interlocutory injunction. 25. There is also the consideration of the balance of convenience.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…The Plaintiff is seeking an interlocutory injunction both as ordinary injunction and as a prohibitory order.…
…An interlocutory injunction is an equitable remedy which is issued at the discretion of the court, which discretion must be exercised judicially. It is not a remedy that is issued routinely.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…injunction is to preserve the subject matter pending the hearing and determination of the suit." 11.The principles governing the grant of interlocutory injunctions were settled in Giella v Cassman Brown & Co.…
…are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent… If prima facie case is not established, then irreparable injury and balance of convenience need no consideration…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The grounds for grant of interlocutory injunction were set out in the case of Giella vs Cassman Brown Co.…
…Ltd (1973) 358 that the Applicant must establish a prima facie case with a probability of success, an interlocutory injunction will not normally be granted unless the Applicant would suffer irreparable injury which would…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The application is supported by an Affidavit sworn by the Applicant and is premised on the grounds, inter alia, that: On 3rd August, 2023, the Applicant filed a similar application for an interlocutory injunction but the…
…It is the Applicant’s case that on 3rd August, 2023, he had filed a similar application for an interlocutory injunction but the same was dismissed on 7th June, 2024.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The law is well settled on the conditions for the grant of an interlocutory injunction. …
…In other words, if damages recoverable in law is an adequate remedy and the Respondent is capable of paying, no interlocutory order of injunction should normally be granted, however strong the Applicant’s claim may appear…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The law governing the granting of interlocutory injunctions is set out under Order 40(1) (a) and (b) of the Civil Procedure Rules 2010 which provides that: “Where in any suit it is proved by affidavit or otherwise— (a) That…
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The law governing the granting of interlocutory injunctions is set out under Order 40(1) (a) and (b) of the Civil Procedure Rules 2010 which provides that: “Where in any suit it is proved by affidavit or otherwise— (a) That…
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…