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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL CASE NO 2959 OF 1996 Hassan & 4 others v Kenya Wildlife Service Injunction – temporary injunction – principles that guide the court in granting…

…Temporary injunction granted. Cases Giella v Cassman Brown and Co Ltd [1973] EA 358 Statutes 1. Constitution of Kenya section 115 (1) 2.…

…application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for one primary order, save for costs, that “a temporary…

…injunction do issue restraining the defendant whether by itself, its servants and/or employees from selling or offering for sale whether by public auction or private treaty, transferring, charging, leasing, pledging or in…

…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…

…In other words the application for a temporary injunction was a non-starter from the date of filing. For the sake of clarity the court repeats.…

…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…

…In other words the application for a temporary injunction was a non-starter from the date of filing. For the sake of clarity the court repeats.…

…I would not consider the stated losses to be of such a nature as would not be capable of compensation in damages should the temporary injunction not be granted.…

…Having summarized the arguments of the 2 learned counsel, I have the following to say, and that is, Reading through the Civil Procedure Code I find that Section 63 (c) empowers the court to grant a temporary injunction and…

…In her chamber summons taken out on September 3, 1987 and on the basis of which she was given an ex parte injunction on September 10, 1987 under a certificate of urgency she is seeking: (1) A temporary injunction against…

…case with a probability of success in the light of the defence filed by the second defendant, that the plaintiffs will not suffer irreparable injury if the injunction is not granted and that on a balance of convenience the temporary…

…injunction should not be granted.…

…computation of time (whether under these Rules or any order of the court) for the amending, delivering or fling of any pleading or the doing of any other act; Provided that this rule shall not apply to any application of a temporary…

…injunction.”…

…DESANUO & 13 OTHERS……………………………………DEFENDANT RULING The plaintiff The Da Gama Rose Group of Companies Limited, has made an application by way of Chamber Summons under order XXXIX rules 2 and 3 of the Civil Procedure Rules for a temporary…

…injunction to be issued restraining the defendants whether by themselves individually or collectively or by their servants or agents from selling and transferring any of their shares in a company known as Umoja Enterprises…

…Upon the filing of the suit, the applicants applied for and obtained exparte, a temporary injunction which did not apply to the 1st respondent’s Korosho Road house because at that time the correction in its description had…

…On same date as of the plaint the plaintiffs also took out a chamber summons application praying for a temporary injunction against the defendant to restrain her from operating the accounts aforementioned, engaging as a director…

…The plaintiffs have sought a temporary injunction under order 39 of the Civil Procedure Rules and section 3A of the Civil Procedure Act restraining the defendants, their servants and agents from carrying out orders contained…