1983 Ed.]
District Court Civil Procedure (General) Rules
[CAP. 336
A 25
[Subsidiary]
Injunctions
59. (1) In any proceedings in which an injunction has been or might have been claimed, a plaintiff may, before or after judgment, apply for an injunction to restrain the defendant from-
(a) the repetition or continuance of the wrongful act or breach of contract complained of; or
(b) the commission of any wrongful act or breach of contract of a like kind, relating to the same property or right or arising out of the same contract,
and the Court, in addition to giving judgment for such damages and costs as the plaintiff may be entitled to, may grant the injunction on such terms as may be just.
(2) An application under this rule may be made-
(a) before the hearing of the action or matter; or
(b) at or immediately after the hearing, in which case the order shall be included in the judgment; or
(c) after judgment, on notice and supported by affidavit.
Orders for instalments, etc.
60. (1) Where a judgment is entered or an order made for the payment of any sum of money and it appears to the satisfaction of the Court, either at the time that the judgment is given or the order is made or at any later time on application made upon notice by the person liable under the judgment or order, that there is sufficient reason for so doing, the Court may order the sum to be paid by such instalments payable at such times as the Court may fix.
(2) An order made under paragraph (1) may from time to time be varied on application made upon notice.
61. (1) If it appears to the Court that the person liable under any judgment or order for payment by instalments is able to pay the sum ordered to be paid either in one sum or by larger instalments than those ordered, the Court, on the application of the person entitled to enforce the judgment or order made on notice, may order the amount unpaid to be paid in one sum, or by larger instalments than those previously ordered, and may from time to time vary such order.
(2) When a judgment has been given or order made for the payment of any sum and execution thereon has been stayed, whether on due payment of instalments or otherwise, and it appears to the Court at any time to be desirable so to do, the Court may by order raise the stay of execution either with immediate effect or otherwise and on such terms as it thinks fit.
Application for an injunction and damages in lieu.
Order for payment by instalments. L.N.182/70.
New order for earlier payment on application of judgment creditor.
L.N.182/70.
Page 25
Page 26
1983 Ed.]
District Court Civil Procedure (General) Rules
[CAP. 336
A 25
[Subsidiary]
Injunctions
59. (1) In any proceedings in which an injunction has been or might have been claimed, a plaintiff may, before or after judgment, apply for an injunction to restrain the defendant from-
(a) the repetition or continuance of the wrongful act or breach
of contract complained of; or
(b) the commission of any wrongful act or breach of contract of a like kind, relating to the same property or right or arising out of the same contract,
and the Court, in addition to giving judgment for such damages and costs as the plaintiff may be entitled to, may grant the injunction on such terms as may be just.
(2) An application under this rule may be made-
(a) before the hearing of the action or matter; or
(b) at or immediately after the hearing, in which case the order
shall be included in the judgment; or
(c) after judgment, on notice and supported by affidavit.
Orders for instalments, etc.
60. (1) Where a judgment is entered or an order made for the payment of any sum of money and it appears to the satisfaction of the Court, either at the time that the judgment is given or the order is made or at any later time on application made upon notice by the person liable under the judgment or order, that there is sufficient reason for so doing, the Court may order the sum to be paid by such instalments payable at such times as the Court may fix.
(2) An order made under paragraph (1) may from time to time be varied on application made upon notice.
61. (1) If it appears to the Court that the person liable under any judgment or order for payment by instalments is able to pay the sum ordered to be paid either in one sum or by larger instalments than those ordered, the Court, on the application of the person entitled to enforce the judgment or order made on notice, may order the amount unpaid to be paid in one sum, or by larger instalments than those previously ordered, and may from time to time vary such order.
(2) When a judgment has been given or order made for the payment of any sum and execution thereon has been stayed, whether on due payment of instalments or otherwise, and it appears to the Court at any time to be desirable so to do, the Court may by order raise the stay of execution either with immediate effect or otherwise and on such terms as it thinks fit.
Application for an injunction and damages in
lieu.
Order for payment by instalments. L.N. 182/70.
New order for earlier payment on application of judgment creditor.
L.N. 182/70.
Page 25Page 26
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