Case law
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Division and case type: CivilCivil Suit
…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…
Division and case type: CivilCivil Suit
…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…
Division and case type: High Court CivilCivil Appeal
…On substantial loss, the Applicant has merely stated in paragraph 6 of his Supporting Affidavit that "if execution is to proceed, I will suffer substantial loss and stand condemned unheard rendering the appeal."…
…This is what substantial loss would entail...” 13.…
Division and case type: Environment and Land CourtCivil Suit
…to be put in motion, by itself, does not amount to substantial loss.…
…weigh whether it would amount to substantial loss.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Respondent further argues that the Appellant has failed to demonstrate substantial loss, and that the application thus lacks merit. 4.…
…Substantial Loss 10.…
Division and case type: High Court DivCivil Appeal
…That since the applicant was neither a candidate nor tenderer, he was a stranger and would not suffer any substantial loss. That public interest is no substitute for substantial loss. 11.…
…The second and most important principle is substantial loss.…
Division and case type: High Court DivCivil Appeal
…He states that he is likely to suffer substantial loss if compelled to satisfy the decretal sum.…
…He also cites Mukuma v Abuoga (1988) KLR 645, where the Court of Appeal underscored the importance of demonstrating substantial loss. 18.…
Division and case type: Environment and Land CourtCivil Suit
…Substantial loss is what has to be prevented by preserving the status quo Because such loss would render the appeal nugatory.” 11.…
…As stated above, the cornerstone for an application for stay is the demonstration of substantial loss.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
…It is trite that proof that substantial loss is likely to be suffered, is at the centre of granting a stay order pending Appeal.…
Division and case type: Environment and Land CourtCivil Suit
…That the application is an afterthought and the applicant has not shown the court the substantial loss he will suffer. 4.…
…Regarding substantial loss, the court discussed the element of substantial loss in the case of Tropical Commodities Suppliers Ltd & Others vs.…
Division and case type: High Court CivilCivil Appeal
…On substantial loss, counsel reiterated the applicant’s position and submitted that the applicant will suffer substantial loss if the orders sought are not granted.…
…motion, or is likely to be put in motion, by itself, does not amount to substantial loss.…
Division and case type: High Court CivilCivil Appeal
…On substantial loss, the Appellant contends that she is an elderly woman who would suffer immensely committed to civil jail in execution of the decree.…
…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
Division and case type: High Court CivilCivil Appeal
…He urged that the appeal has high chances of success and he is likely to suffer substantial loss if stay is not granted. 4.…
…Substantial loss was explained in the case of James Wangalwa & Another vs.…
Division and case type: High Court CivilCivil Appeal
…The appellants/applicants had the duty of showing that they would suffer substantial loss. 10. What is a substantial loss?…
…loss thus:“…the issue of substantial loss is the cornerstone of both jurisdictions.…
Division and case type: Environment and Land CourtCivil Suit
…the applicants to substantial loss.…
…to prove such loss and not merely state that he/she will suffer substantial loss. 15.…
Division and case type: Environment and Land CourtCivil Suit
…On the issue of substantial loss, which is the cornerstone of an application for stay of execution, the Applicant stated that he is in possession, and if the order is not granted, he is likely to suffer substantial loss.…
…It means the court will not consider assertions of substantial loss on the face value but the court in exercising its discretion would be guided by adequate and proper evidence of substantial loss …” 17.…
Division and case type: High Court CivilCivil Appeal
…That it will suffer substantial loss unless a stay is granted; b. That the application was filed without undue delay; and c.…
…What amounts to a substantial loss has been defined in a number of cases.…
Division and case type: High Court CivilCivil Appeal
…The court defined what constitutes a substantial loss in the case of James Wangalwa & another v Agnes Cheseto [2012] KEHC 1094 (KLR).…
…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
Division and case type: High Court DivCivil Appeal
…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.”…
Division and case type: High Court DivCivil Appeal
…As regards the issue of whether the Applicant stands to suffer substantial loss if the orders sought is not granted, it was submitted that the applicant/appellant stands to suffer substantial loss because the 1st respondent…
…It means the court will not consider assertions of substantial loss on the face value but the court in exercising its discretion would be guided by adequate and proper evidence of substantial loss....…