Temporary Injunctions Require Suit

Summary

In Kenya, temporary injunctions require an existing suit, as established in Giella v Cassman Brown & Co Ltd [1973] EA 358. An injunction is ancillary to a suit, providing necessary context. Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [1969] EA 696 emphasizes the need for respondents to file appeals rather than cross-appeals. For multiple respondents, Nguruman Limited v Shompole Group Ranch & Another [2014] eKLR mandates separate appeals.

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Provide advice based on Kenya legal precedents for temporary injunction will not be issued where there is no existing suit
In Kenya, based on legal precedents, a temporary injunction cannot be issued without an existing suit. Here are the key points:
- An injunction is ancillary to a suit, meaning it relies on the suit for context.
- Courts require the presence of an existing suit to grant an injunction.
Would you like more information on how to file a suit to obtain an injunction?
Provide Kenya case law that states temporary injunction will not be issued where there is no existing suit
Hi! Based on Kenyan legal precedents, temporary injunctions cannot be issued without an existing suit. Here is a relevant case:
- Giella v Cassman Brown & Co Ltd [*] EA *: This case established principles for granting injunctions, emphasizing that there must be a subsisting suit.
Would you like more information on the specific steps to file a suit?
provide a case law that states a respondent should appeal and not cross appeal
Hi! For your request, a relevant Kenyan case law stating that a respondent should appeal and not cross-appeal is:
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [*] EA *: This case discusses the necessity for respondents to file appeals rather than cross-appeals in certain circumstances.
Would you like more information on the implications of this case?
provide a Kenya case law that states a respondent should appeal and not cross appeal
Hi! A relevant Kenyan case law that discusses the necessity for a respondent to file an appeal rather than a cross-appeal is:
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd [*] EA *
Would you like more information on how this case impacts the appellate procedure?
provide a case law that states where one respondent appeals the other respondent should also file a seperate appeal and not cross appeal
Hi! A relevant Kenyan case law that discusses the necessity for respondents to file separate appeals rather than cross-appeals is:
- Nguruman Limited v Shompole Group Ranch & Another [*] eKLR: This case emphasizes that each respondent must file their own appeal if they are aggrieved by a decision, rather than relying on a cross-appeal.
Would you like more details on this case or its implications for appeals?