Withdrawal Suit Injunction Limitations

Summary

Withdrawing a suit in Kenya typically means the party cannot apply for a temporary injunction under Order 40 Rule 1 and 2, as the suit is considered non-existent. Key cases like Nguruman Limited v Jan Bonde Nielsen & 2 Others [2014] eKLR and Kenya Commercial Bank Limited v Benjoh Amalgamated Limited [2017] eKLR support this. Injunctive relief must be tied to a substantive claim, as established in Giella v. Cassman Brown & Co Ltd [1973] EA 358. Without a pending suit, there is no basis for a temporary injunction.

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Provide advice based on Kenya legal precedents for a party that withdrew their suit cannot apply for a temporary injunction under order * rule * and *
Hey there! Here are some pertinent legal precedents from Kenya regarding a party that has withdrawn their suit and the application of temporary injunctions under Order * Rule * and *:
- Nguruman Limited v Jan Bonde Nielsen & * Others [*] eKLR: The Court of Appeal held that once a suit is withdrawn, it ceases to exist, and the court can no longer entertain any application in that suit.
- Kenya Commercial Bank Limited v Benjoh Amalgamated Limited [*] eKLR: The court reiterated that the withdrawal of a suit terminates all related applications, including those for temporary injunctions.
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provide a kenya case law that states injunctive relief is ancillary to a substantive claim
Here is a pertinent Kenya case law that states injunctive relief is ancillary to a substantive claim:
- Giella v. Cassman Brown & Co Ltd [*] EA *: The court established that injunctive relief is a remedy that cannot stand alone and must be tied to a substantive claim. The court outlined the principles for granting an injunction, emphasizing that there must be a prima facie case with a likelihood of success.
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provide a kenya case law that states without a pending suit, there is no basis to issue such an temporary injunction
Here is a relevant Kenya case law that states without a pending suit, there is no basis to issue a temporary injunction:
- Nguruman Limited v Jan Bonde Nielsen & * Others [*] eKLR: The Court of Appeal held that without a pending suit, the court lacks the basis to issue a temporary injunction as there is no substantive claim to support the injunctive relief.
Do you need more details or have a specific situation in mind?