occupied the land in dispute illegally as shown and proved by
the National Commission for Land and other Assets which, he
argued, is in any event the competent authority to deal with
this matter.
14. It is worth noting that both parties failed to refer to any
authority in support of their opposing contentions.
15. On our part, we have carefully reviewed the arguments on
the issue at hand presented by both parties. At this stage, the
Court has to examine whether or not it should grant
interlocutory orders sought, without delving into the merits of
the main issues that have yet to be determined in the
Reference.
16. It should also be recalled that the purpose of granting an
interlocutory injunction is to avoid or minimise loss to an
applicant/ plaintiff while the substantive case proceeds to final
determination. The loss is avoided or minimised by ordering
the defendant to stop a controversial activity so that the status
quo is preserved while the substantive case proceeds to
finality.
17. The considerations that the Court bears in mind when
exercising its discretion to grant or not to grant interlocutory
injunction order have been outlined in the cases of Giella Vs.
Cassman Brown & Co Ltd (1973) EA 358 and American
Cyanamid Co Vs. Ethicon Ltd [1975] All E.R. 504 at 510.
The three conditions that need to be satisfied were set out in
these cases as hereunder:
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