Case law
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Division and case type: CivilCivil Suit
………PLAINTIFF VERSUS D C J ……………………..1ST DEFENDANT V N K ……………………2ND DEFENDANT RULING M M, the Plaintiff herein, seeks an interlocutory injunction to restrain D C J, the 1st Defendant, from contracting a marriage under Marriage…
…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.…
Division and case type: High Court DivConstitution and Human Rights Petitions Miscellaneous
…injunction.…
…The court therein held that for an applicant to be granted an interlocutory injunction, he was required to demonstrate the following:- That he had a prima facie case with probability of success; That in the event the interlocutory…
Division and case type: Milimani Commercial CourtsCivil Case
…In those premises, the defendant contends that the plaintiff has not satisfied the conditions for the grant of an interlocutory injunction.…
…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…
Division and case type: High Court CivilCivil Appeal
…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.…
…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…E287 of 2023 in which the trial court allowed the Respondent’s application dated 10th April 2023 seeking interlocutory injunction against the Appellant. 2.…
…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…
Division and case type: High Court CivilCivil Suit
…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent. …
…Praying for an interlocutory mandatory injunction is thus an obnoxious rendition of barbaric tendencies. It is anathema to good conscious and the pleadings.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Then on what basis could the interlocutory injunction be granted?” 12.…
…there were no other avenues open to the learned Judge to grant interlocutory injunction.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…injunction.…
…Whether the trial magistrate properly exercised judicial discretion in granting the interlocutory injunction 35.…
Division and case type: High Court CivilCivil Appeal
…The conditions for the grant of an interlocutory injunction are, first, that an Applicant must show a prima facie case with a probability of success; secondly, that an interlocutory injunction will not normally be granted…
…As we have seen above, the principles governing the grant of interlocutory injunctions are well settled in Giella v Cassman Brown (supra).…
Division and case type: High Court Commercial and TaxCommercial Matters
…The primary issue for determination is whether the Applicant is entitled to the interlocutory injunction sought for? A secondary issue is whether the Application has been overtaken by events? 9.…
…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Ltd (1973) EA, 358, 360 the court must be satisfied in the words or of Spry VP as follows: - “The conditions for the grant of an interlocutory injunction are now, I think, well settled in east Africa. a.…
…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. c.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In the said case, Spry, V.P., stated as follows at page 360E:- “The conditions for the grant of an interlocutory injunction are now well settled in East Africa.…
…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: High Court DivConstitution and Human Rights Petition (Civil)
…The court therein held that for an applicant to be granted an interlocutory injunction, he was required to demonstrate the following:- That he had a prima facie case with probability of success; That in the event the interlocutory…
…injunction was not granted, he would suffer irreparable loss; That if the court was in doubt then it would grant an order of interlocutory injunction on a balance of convenience.…
Division and case type: High Court Commercial and TaxCommercial Matters
…An interlocutory injunction on the same terms as above, pending the hearing and determination of the suit. iii. Costs of the application. 3.…
…It maintains that the Applicant has failed to satisfy the legal threshold for the grant of an interlocutory injunction. Analysis and determination 13.…
Division and case type: High Court DivFamily Originating Summons
…The principles and/or conditions for granting of an interlocutory injunction were set out by the Court of Appeal in the famous GIELLA VS.…
…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: High Court Commercial and TaxCommercial Matters
…The issue for determination is whether or not the applicant has met the threshold for granting of an interlocutory injunction. 8.…
…The conditions for granting interlocutory injunctions are set out in Order 40 rule (1) (a) and (b) of the Civil Procedure Rules 2010.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Pending the hearing and determination of the suit, an interlocutory injunction restraining the Respondent, its agents, servants, employees, or any person acting under its authority, from altering the shareholding or directorship…
…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: High Court DivConstitution and Human Rights Petition (Civil)
…The court therein held that for an applicant to be granted an interlocutory injunction, he was required to demonstrate the following:- That he had a prima facie case with probability of success; That in the event the interlocutory…
…injunction was not granted, he would suffer irreparable loss; That if the court was in doubt then it would grant an order of interlocutory injunction on a balance of convenience.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Plaintiff principally seeks an interlocutory injunction restraining the Defendants, whether by themselves, their servants and/or agents, from selling, transferring, alienating, disposing of or otherwise dealing with the…
…An interlocutory injunction is an equitable remedy granted in the exercise of judicial discretion.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Applicants submit that they have met the threshold for the grant of the interlocutory injunctions sought. Relying on Giella v Cassman Brown & Co.…
…Regarding the first issue, the principles applicable to the grant of an interlocutory injunction were set out in the celebrated case of Giella v Cassman Brown & Co.…