Case law
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Division and case type: High Court CivilCivil Suit
…The next question that falls for determination is whether the Applicants have established a sufficient basis for the grant of the conservatory and interlocutory reliefs sought. 20.…
…Ltd [1973] EA 358, submitting that interlocutory relief is not granted as a matter of course but only where the applicable legal threshold has been satisfied.…
Division and case type: CivilCivil Suit
…of the application and the time of trial may be forestalled, it becomes self-evident that as I am not satisfied that the Applicant has any legal right she may have is at risk of serious prejudice, the application for the interlocutory…
…relief cries out for dismissal.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I am satisfied that the orders were purely preservatory and fall squarely within the scope of interlocutory relief as recognized in the Nguruman case (supra). 21.…
Division and case type: High Court CivilCivil Appeal
…The Court cannot grant interlocutory relief where it has already determined that it lacks jurisdiction over the substantive dispute, for interim orders cannot stand independently of a competent and viable appeal.…
Division and case type: High Court CivilCivil Suit
…Ltd. (1973) EA 358 , the courts held that an applicant seeking interlocutory relief must demonstrate a prima facie case with a probability of success and that the balance of convenience should favour the grant of the orders…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In Francis Origo & Another v Jacob Kumali Mungala [2005] eKLR, the the Court explained that the purpose of interlocutory relief is “to maintain the status quo and preserve the substratum of the appeal.…
Division and case type: High Court DivCivil Appeal
…The application was expressed under the Civil Procedure Act and Rules, notwithstanding the existence of specific provisions governing interlocutory relief in succession causes under Section 47 of the Law of succession Act…
Division and case type: High Court CivilCivil Suit
…Before this Court are two rival applications filed by the Plaintiffs and the Defendants respectively, each seeking interlocutory relief touching on the governance, management, and operations of Nyali School, an institution…
Division and case type: High Court CivilCivil Appeal
…Ltd. (1973) EA 358 where the courts held that an applicant seeking interlocutory relief must demonstrate a prima facie case with a probability of success, show irreparable injury and that the balance of convenience should…
Division and case type: Environment and Land CourtCivil Suit
…Similarly, in the case of Kanduyi Holdings Limited v Balm Kenya Foundation & Another [2013] eKLR attached as LOA5, the Court held that: “Our Order 39 Rules 5 and 6 could be said to a statutory replication of an interlocutory…
…relief known as Mareva injunction or freezing.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Rather, an objector who seeks preservation of the attached property pending determination of the objection must obtain appropriate interlocutory relief from the court.…
Division and case type: High Court DivCivil Appeal
…American Cyanide -vs- Ethicon Ltd where the court stated; “If there is no prima facie case essential to entitle the plaintiff to complain of the defendants’ proposed activities, that is the end of any interlocutory relief…
Division and case type: CivilCivil Appeal
…I am not satisfied that there is any machinery under Spanish Law to protect Evans Marshall’s position meanwhile.Indeed, it is the evidence on behalf of the defendants here that the Spanish Court would grant no interlocutory…
…relief, and there appears to be no procedure for a speedy trial.”…
Division and case type: Environment and Land CourtCivil Suit
…Ltd [Supra]”, where it was held that a party seeking interlocutory relief must demonstrate a prima facie case, irreparable harm not compensable by damages, and that the balance of convenience favours them.…
Division and case type: Environment and Land CourtCivil Suit
…The record shows the matter has been the subject of subsequent proceedings, stays and interlocutory relief. 227. …