Search court decisions

………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.…

…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury. Thirdly, balance of convenience comes in if the court is in doubt.…

…This is one of the requirements a judge may consider when granting an interlocutory injunction as pointed out in Order 39 rule 2(2) of Civil Procedure Rules.…

…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?…

….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…

…NO. 5936 OF 1993) JUDGMENT OF THE COURT This is an appeal by the defendants against the grant by the superior court (Dugdale J), of an interlocutory injunction on the 11th day of April, 1994 restraining them from entering…

…The application for interlocutory injunction made by the plaintiff was heard fully by the Judge who was satisfied that the plaintiff established a prima facie case with a reasonable probability of success and that the plaintiff…

…The conditions for the grant of an interlocutory injunction were finally settled in East Africa in the case of Giella v Cassman Brown & Co Ltd [1973] EA 358 where in the course of his judgment Vice President Spry said: “The…

…conditions for the grant of an interlocutory injunction are now, I think, well settled in East Africa.…

…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…

…These are the three pillars on which rest the foundation of any order of injunction interlocutory or permanent.…

…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…

…These are the three pillars on which rest the foundation of any order of injunction interlocutory or permanent.…

…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…

…These are the three pillars on which rest the foundation of any order of injunction interlocutory or permanent.…

…LTD. [1973] E.A. 358 and submitted that the Plaintiff had failed to satisfy the test for the grant of interlocutory injunctions it had sought.…

…(Supra) is the locus classicus in the grant of interlocutory injunctions within our jurisdiction.…

…This latter consideration should caution the court not to grant an interlocutory injunction as a matter of course or lightly. The first consideration impels a court to grant the relief in a deserving case.…

…In the case referred to, Spry v P set out the necessary conditions in the following words: “The conditions for the grant of an interlocutory injunction are now well settled in East Africa.…

…Further, it has been held in several authorities that a judge who feels no doubt in dismissing a claim to an interlocutory injunction may perfectly consistently with his decision recognize that his decision might be reversed…

….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…

…Following interpartes hearing of that injunction application interlocutory injunction was issued on 17th September 2003 pending the determination of this suit.…

…If damages in the measure recoverable under such an undertaking would be an adequate remedy and the plaintiff would be in a financial position to pay them, there would be no reason this ground to refuse an interlocutory injunction…

…This is an interlocutory appeal against the exercise of the discretion of the learned judge who refused an interlocutory injunction pending trial.…

…I need not therefore consider the other conditions for the grant of an interlocutory injunction. Before concluding this matter, I cannot resist making reference to HCCC No.82 of 2006.…

…and Co Ltd [1973] EA 358, I am to take the following principles into account in adjudicating upon the application before me namely that; (a) the applicants must show a prima facie case with a probability of success (b) an interlocutory…

…injunction is not normally granted unless the applicant might otherwise suffer irreparable injury which would not be adequately compensated by an award of damages and (c) if the court is in doubt it will decide the application…

…There are four prayers: (1) An interlocutory injunction issue restraining the respondents by themselves, their servants or agents from interfering with the plaintiffs’ tenancy on plot No 6 Noon Kopir / Kitengela, pending…

…On the same day, 15th September 1987, the plaintiff appeared on an application ex parte before the Hon Mr Justice Akiwumi, and there obtained an ex parte interlocutory injunction restraining the defendants from removing the…

…It was further ordered that the interlocutory application and the suit itself would be heard in open court upon both oral and affidavit evidence, and that the interlocutory injunction would be continued to 28th September…