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…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…

…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…

…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.…

…NAI. 284 OF 1997 (UR.120/97) BETWEEN EZRA ODONDI OPAR ........................................APPLICANT AND TOTAL KENYA LIMITED ....................................RESPONDENT (Application for an order of a temporary injunction…

…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.…

…My researches have not unearthed any rules by the Rules Committee for the procedure of obtaining a temporary injunction save those made under section 81 of the Act which are known as the Civil Procedure Rules.…

…Inherent power of the Court – There was a conflict of judicial opinion on the question whether the court could issue a temporary injunction under s. 151, when the case did not fall within the terms of O 39, r 1 and r 2.…

…In our view, the only issue of importance in this appeal is: was the learned judge right in refusing the appellant’s plea for temporary injunction?…

…injunction.…

…In our view, the only issue of importance in this appeal is: was the learned judge right in refusing the appellant’s plea for temporary injunction?…

…injunction.…

…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.…

…In order to stop the take-over, the respondent filed a suit in the Resident Magistrate’s Court at Nakuru against the appellant and obtained an injunction which temporarily restrained from taking over the station.…

…Simultaneously with this plaint, the respondent applied for a temporary injunction under Order 39 rr 1,2 and 3 of the Civil Procedure Rules.…

…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.…

…That a temporary injunction be granted restraining the 2nd defendant from selling, transferring or otherwise interfering with the parcel known as Chembe/Kibabamushe/427 pending hearing and determination of this suit. 2.…

…That a temporary injunction be granted restraining the 2nd defendant from evicting or otherwise interfering with the quiet possession and occupation by the plaintiffs of the parcel known as Chembe/Kibabamushe/427. 2a.…

…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…