Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court CivilCivil Suit
…Secondly, that an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…By the term irreparable injury is meant injury which is substantial and could never be adequately remedied or atoned for by damages, not injury which cannot possibly be repaired and the fact that the plaintiff may have a…
Division and case type: High Court CivilCivil Suit
…Secondly, that an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…By the term irreparable injury is meant injury which is substantial and could never be adequately remedied or atoned for by damages, not injury which cannot possibly be repaired and the fact that the plaintiff may have a…
Division and case type: High Court CivilCivil Suit
…Secondly, that an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…By the term irreparable injury is meant injury which is substantial and could never be adequately remedied or atoned for by damages, not injury which cannot possibly be repaired and the fact that the plaintiff may have a…
Division and case type: Environment and Land CourtCivil Suit
…Secondly an interlocutory injunction will not be normally granted unless the applicant might otherwise suffer irreparable injury which would not adequately be compensated by an award of damages.…
…The second principle of irreparable injury was discussed in the case of Pius Kipchirchir Kogo v Frank Kimeli Tenai [2018] KEELC 2424 (KLR) where the court stated that: “Irreparable injury means that the injury must be one…
Division and case type: Environment and Land CourtCivil Suit
…injury if a temporary injunction is not granted and c, ally any doubts as to b, by showing that the balance of convenience is in his favour.…
…On the 2nd pillar of temporary injunctions, the plaintiff is required to show irreparable injury and I am guided by Pius Kipchirchir Kogo vs Frank Kimeli Tenai (2018) eKLR where court held; “Irreparable injury means that…
Division and case type: High Court DivCivil Suit
…On the issue of irreparable injury, the Plaintiff argues that the sale of the property at a "throw away price" would constitute a substantial and demonstrable harm. 12.…
…Regarding the second condition of irreparable injury, the Applicant contends that the sale of its prime property at a "throw away price" would cause it irreparable harm. 42.…
Division and case type: High Court CivilCivil Suit
…That being the case, it couldn’t be said that there would be irreparable injury if the injunction was denied. 18.…
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer an irreparable injury which would not be compensated by an award of damages.…
Division and case type: Environment and Land CourtCivil Suit
…Nonetheless these are issues to be interrogated at the full hearing when parties will cement both their claims with evidence. 11 The second issue is whether the Plaintiffs have demonstrated that irreparable injury will be…
…The judicial decision of Pius Kipchirchir Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury thus; “Irreparable injury means that the injury must be one that cannot be adequately…
Division and case type: High Court CivilCivil Appeal
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: High Court DivCivil Suit
…On irreparable injury, it is the Respondent’s submission that there is no risk of the Applicant suffering irreparable injury in the event the injunction sought is not granted. 49.…
…injury to the Applicant. 53.…
Division and case type: High Court CivilCivil Suit
…In an interlocutory injunction application, the applicant has to satisfy the triple requirements to; (a)establish his case only at a prima facie level, (b)demonstrate irreparable injury if a temporary injunction is not granted…
…If a prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: Environment and Land CourtCivil Suit
…Secondly, the Plaintiff has to demonstrate that irreparable injury will be occasioned to them if an order of temporary injunction is not granted.…
…The judicial decision of Pius Kipchirchir Kogo vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states; “Irreparable injury means that the injury must be one that cannot…
Division and case type: High Court CivilCivil Suit
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury which would not adequately be compensated by an award of damages.…
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: CivilCivil Suit
…Cassman Brown & Co., Ltd., 91973) E.A. 358 it was held that an applicant must show a prima facie case with a probability of success and that the applicant might suffer irreparable injury incapable of being compensated by…
…It has not been shown that the applicants are likely to suffer irreparable injury if the meeting proceeded as arranged.…
Division and case type: High Court CivilCivil Suit
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration. …
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
Division and case type: Environment and Land CourtCivil Suit
…Secondly, The Plaintiffs have to demonstrate that irreparable injury will be occasioned to them if an order of temporary injunction is not granted.…
…The judicial decision of Pius Kipchirchir Kogo vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states; “Irreparable injury means that the injury must be one that cannot…
Division and case type: High Court DivCivil Suit
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: High Court DivCivil Appeal
…Secondly an interlocutory injunction will not be normally granted unless the applicant might otherwise suffer irreparable injury which would not adequately be compensated by an award of damages.…
…The award of a temporary injunction by Courts of equity has never been regarded as a matter right, even where irreparable injury is likely to result to the applicant.…
Division and case type: High Court DivCivil Suit
…On whether the Applicant will suffer an irreparable harm and injury, reliance was placed on the case of Peter Kimani Nene v Kenya Commercial Bank Limited [2016] KEELC 99 which stated that disputes over land evoke a lot of…
…Secondly, an interlocutory injunction will not be normally granted unless the applicant might otherwise suffer irreparable injury which would not adequately be compensated by an award of damages.…
Division and case type: High Court CivilCivil Appeal
…injury, the grant of an injunction was justified in law. 35.…
…The court held that the Applicant must first establish a prima facie case, then demonstrate that he stands to suffer irreparable injury if the injunction is not granted; and only when the court is in doubt does it consider…