JUDGMENT OF THE COURT
This is an appeal against the ruling and order of Angawa J given on 21st September, 1995 restraining:-
"the servant agent and relatives of the deceased, 3rd defendant and more particularly the wife and the children of the deceased from burying the deceased on the suit land No. Mutira Kaguyu/557 until the hearing and final determination of the suit or further orders."
In our view it is quite clear that Order 39 of the Civil Procedure Rules provides for orders of injunction to be made only against named parties in the suit, which in most cases are against the defendant. If orders are sought against persons who are not parties to the suit they must properly be brought before the court and named. The learned Judge made orders against unnamed persons not before the court. This fact alone is enough to dispose of this appeal. We were not impressed by the submissions of Mr. Waiganjo, for the respondent, that a court can issue an injunction against the whole world.
In the cir…