Case law
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Division and case type: High Court CriminalCriminal Appeal
…Republic [2025] KEHC 8765 (KLR), the Applicants submit that this Court possesses both statutory and inherent jurisdiction to revisit interlocutory orders and review bail terms where new, compelling evidence emerges or where…
…However, interlocutory orders—such as those relating to bail, bond, and custody pending trial or appeal—are inherently subject to variation or review upon a demonstration of a material change in circumstances. 15.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The background to the present proceedings is that the applicants herein filed an appeal against interlocutory orders issued on 13th July 2022 by the Milimani Principal Magistrate Mr. G. M.…
…Such an order was in tandem with the interlocutory orders that the applicants sought to appeal from predicated on the imperative need to safeguard the monies owed.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The interlocutory orders issued herein, the applicant argues, were obtained through material non-disclosure, are unmerited, and ought to be set aside.…
…The interlocutory orders issued in favour of the Plaintiff are set aside and annulled. iii. Costs of this application shall be borne by the Plaintiff.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Since they are temporary measures rather than final resolutions of the underlying dispute, they fall within the category of interlocutory orders. 40.…
…Such prolonged advantage undermines the very purpose of interlocutory orders, which are meant to be temporary measures, not tools for indefinite delay. 41.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Since they are temporary measures rather than final resolutions of the underlying dispute, they fall within the category of interlocutory orders. 40.…
…Such prolonged advantage undermines the very purpose of interlocutory orders, which are meant to be temporary measures, not tools for indefinite delay. 41.…
Division and case type: High Court Commercial and TaxCommercial Matters
…orders directing: - (a) The 1st to 4th Respondents to render a detailed account of all monies paid out or withdrawn from the 1st Respondent by the 4th Respondent, from 13th April 2017 to 23rd September 2021; and (b) The…
…Alternatively, the Applicant seeks interlocutory orders, in the event of non-compliance with the foregoing, to:- (1) halt any dealings with, the money held by the 4th Respondent acting as the receiver; or (2) direct the Respondents…
Division and case type: High Court CivilFamily Miscellaneous
…Whether the Applicant has proved the existence of matrimonial property and her contribution thereto (3) Whether ownership of the alleged confiscated documents has been established (4) Whether the threshold for grant of the interlocutory…
…orders sought has been met; and (5) What orders should be made. 7.…
Division and case type: High Court DivFamily P&A Citation
…She has brought this application dated 4/6/2023 seeking a temporary injunction /other interlocutory orders to restrain the children of the deceased from accessing the property plot no. 598 Mukaange Settlement Scheme within…
…I have before me submissions by both the applicant and respondents addressing issue of interlocutory orders, who is beneficially entitled to the estate, who is intermeddling with the estate of the deceased all supported by…
Division and case type: High Court CivilCommercial Insolvency Cause
…It can therefore not be a basis for the release of the Judgement Debtor for reasons that interlocutory orders are discretionary orders which discretion the court can only exercise based on facts that are concrete, actual…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Whether the learned trial magistrate erred in law and fact by granting mandatory interlocutory orders of eviction and monetary deposit prior to a full trial on the merits of the case. COURT’S ANALYSIS AND FINDINGS 18.…
…Ordinarily, where a primary suit is terminated by consent, all interlocutory orders anchored upon that suit are automatically spent, extinguished, or subsumed by the final disposal.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…On whether I should grant any interim stay of implementation of the Impugned decision rendered on 17/02/2025, Rule 14 of the Public Procurement and Asset Disposal Act provides that an application for such interim of interlocutory…
…orders under Sub rule 1 “shall under sub rule (2) of Rule 14, be made as soon as the event giving rise to such application arises.”…
Division and case type: High Court Judicial ReviewJudicial Review
…Those Rules are meant to aid the court at every stage in making a decision whether to grant interim reliefs or interlocutory orders in Judicial Review proceedings. 9.…
Division and case type: High Court FamilyFamily Originating Summons
…The applicant submitted that Section 63 (e) of the Civil Procedure Act gave the High Court inherent power to issue such interlocutory orders as may appear to the court to be just and expedient in order to prevent the ends…
…provides that:- “(2) A party to the proceedings may, before or after commencement of the proceedings under these Rules, but before the final determination of the respective claims, apply for temporary injunctions or other interlocutory…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appeal arises from some interlocutory orders made by the trial court, otherwise the matter is still pending hearing and final disposal. 3. The dispute is on use and occupation of premises.…
Division and case type: CivilCivil Appeal
…That being the case, the interlocutory orders must relate to the orders sought in the petition. With respect, that was not the case. The only order that is related to the petition is that of custody of the children.…
Division and case type: CivilCivil Case
…Again, that this application cannot be pursued under Order XXXIX, headed “Temporary injuctions and Interlocutory Orders, because the circumstances talked of in Order XXXIX rule 1, (a) and (b) have been proved in the application…
Division and case type: High Court FamilyFamily Appeal
…Rather, they were interlocutory orders addressing procedural matters and protecting the subject matter of the suit.…
…While interim orders and interlocutory orders are made during the pendency of the case, they are not synonyms and should not be confused.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Under Rule 14 of the same Rules, on interlocutory orders- 14.…
…Interlocutory orders (1) The applicant may, during the pendency of judicial review proceedings under these Rules, apply for interlocutory orders. (2) An application under sub-rule (1) shall be made as soon as the event giving…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Further, Section 63(e) of the Civil Procedure Act allows the Court to make such interlocutory orders as may be necessary to prevent abuse of process or to meet the ends of justice. Disposition 10.…
Division and case type: High Court Commercial and TaxCommercial Matters
…I note that the plaintiff’s application is brought under Orders 40 Rule 1 and 46 Rule 6 of the Civil Procedure Rules which deal with temporary injunctions/ interlocutory orders and power of arbitrator or umpire appointed…