JUDGMENT OF THE COURT
The question that the Court has to resolve in this appeal, it appears to us, is whether Mr. Justice Mbito correctly exercised the judicial discretion reposed in him by Order 39 Rules 2, 3(1) and 9 of the Civil Procedure Rules , when that learned judge refused to grant to Kenya Aids Society, the appellant herein, an injunction to restrain Arthur Obel, the respondent, his servants and/or agents from
".............. manufacturing, distributing, offering for sale, selling, administering or in any other manner dealing with a substance known as Pearl Omega pending the hearing and determination of this suit."
According to the plaint filed in the High Court on the 3rd May, 1996, the appellant is a Non-Governmental Organisation registered under the Non-Governmental Organisations Act of 1990, and among its objects and aims are:-
(i)to provide and make available information on Acquired Immune Deficiency Syndrome (AIDS), Human Immune Deficiency Virus (HIV) and related ailments t…