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K.D.SHAH V. PRAKASH VRAJLAL MALKAN & CHANDRAKANT VRAJLAL MALKAN

(1994) JELR 104708 (CA)

Court of Appeal  •  Civil Appeal 22 of 1994  •  29 Jul 1994  •  Kenya

Coram
Riaga Samuel Cornelius Omolo JA Akilano Molade Akiwumi JA Richard Otieno Kwach JA

Judgement
<p class="ql-align-center">JUDGMENT</p><p>The broad question that we have to deal with in this appeal is whether this Court would, in the circumstances of the case, be justified in interfering with the superior court judge’s exercise of discretion, by which exercise of discretion he granted to the respondents, Prakash Vrajlal Malkan and Chandrakant Vrajlal Malkan, an injunction restraining the appellants, Mr and Mrs K D Shah,</p><p>“........ from evicting the plaintiffs (respondents) from the suit premises or in any way dealing with the suit premises to the detriment of the plaintiffs until further orders of this Court.”</p><p>As Mr Waweru Gatonye who argued the respondents’ case before us correctly pointed out the decision to grant or refuse an injunction is an exercise of discretion by the judge hearing the matter and the circumstances in which this Court will interfere with a judge’s exercise of discretion are now well settled. In this connection we can do no better than to quote from the judgment of Sir Clement De Lestang, V-P;…</p>

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