Case law
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Division and case type: High Court DivCivil Suit
…failed to establish a prima facie case since the allegations were unsupported and baseless.…
…First, an applicant must show a prima facie case with a probability of success.…
Division and case type: High Court CivilCivil Suit
…First, an applicant must show a prima facie case with a probability of success.…
…The first test is prima facie case. I do not see a case being made leave alone a prima facie case. The vehicle is not a subject matter of the suit or prayers thereof.…
Division and case type: High Court CivilCivil Suit
…Has the applicant presented a prima facie case with probability of success? ii.…
…On whether the applicant has established a prima facie case with high chances of success , In the case of MRAO LTD VS FIRST AMERICAN BANK OF KENYA LTD AND 2 OTHERS fashioned a definition of a prima facie case as follows In…
Division and case type: High Court DivCivil Suit
…With regard to the first ingredient, the term “prima-facie” case was defined in Mrao Limited Vs.…
…It was in the same case stated that: -“A prima-facie case is more than an arguable case. It is not sufficient to raise issues.…
Division and case type: High Court DivCriminal Appeal
…When is the prosecution said to have established a prima facie case? In the Black’s Law Dictionary, 10th Edition, prima facie case is defined as follows: Prima facie case. (1805) I.…
…The Court of Appeal in the case of Ramanlal Trambaklal Bhatt vs R [1957] E.A 332 at 334 and 335 defined prima facie case as follows: It may not be easy to define what is meant by a “prima facie case”, but at least it must…
Division and case type: High Court CivilCivil Suit
…If a prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
…The existence of a prima facie case does not permit “leapfrogging” by the applicant to an injunction directly without crossing the other hurdles in between. 5. I have considered this matter carefully.…
Division and case type: Environment and Land CourtCivil Suit
…It is my view that the burden lies on the Applicant to satisfy the court through evidence that he has a prima facie case in his favor of him.…
…Having established that the Applicant has not proved a prima facie case, this court shall not belabor itself further on the two other conditions.…
Division and case type: High Court DivCriminal Appeal
…At the close of prosecution’s case, the learned magistrate acquitted him under section 210 of the Criminal Procedure Code having found that the prosecution did not establish a prima facie case against him.…
…Vs Abdi Ibrahim Owi [2013] eKLR, defined a prima facie case as follows; “‘Prima facie’ is a latin word defined by Black’s Law Dictionary 8th Edition as, “sufficient to establish a fact or raise presumption unless disapproved…
Division and case type: High Court CivilCivil Suit
…First, the applicant must show a prima facie case with a probability of success at the trial.…
…If the court is in doubt about the existence or otherwise of a prima facie case it should decide the application on a balance of convenience.…
Division and case type: High Court DivCivil Suit
…First, an applicant must show a prima facie case with a probability of success.…
…In defining prima facie case the court in the case of JM vs SMK & 4 others [2022] eKLR stated, “What then constitutes a prima facie case?…
Division and case type: High Court CivilCivil Suit
…The counsel for the plaintiff/applicant contended that there was a prima facie case with a probability of success.…
…First, an applicant must show a prima facie case with probability of success.…
Division and case type: High Court CivilCivil Suit
…Does a prima facie case exist?…
…facie case.…
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.…
…The first limb that I have to therefore determine is whether the Plaintiff has established a prima facie case. What constitutes a “ prima facie ” case was discussed in the case of Mrao Ltd vs.…
Division and case type: High Court CriminalCriminal Appeal
…At the close of the Prosecution’s case, the trial court rendered a Ruling in which it found that the Prosecution had not established a prima facie case against the Respondents.…
…That the Learned Trial Magistrate erred in law and fact in failing to comprehend the law relating to a case to answer and the standard of proof in establishing a prima facie case.…
Division and case type: High Court CivilCivil Suit
…The court further explained that, the standard of proof of that prima facie case is on a balance or, as otherwise put, on a preponderance of probabilities.…
…First, the applicant must show a prima facie case with a probability of success at the trial.…
Division and case type: High Court CivilCivil Suit
…The plaintiff must show, firstly, that there is a prima facie case with a probability of success.…
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: High Court CivilCivil Suit
…The 1st Defendant submits that the Applicant has failed to establish a prima facie case.…
…Positions of the parties are not to be proved in such a manner as to give a final decision in discharging a prima facie case. …
Division and case type: High Court CivilCivil Suit
…These are that first; an applicant must show a prima facie case with a probability of success.…
…A prima facie case is more than an arguable case 14. In Nguruman Limited vs.…
Division and case type: High Court DivCivil Suit
…The applicant sought to rely on the duplum rule and contended that he has a prima facie case.…
…A prima facie case is more than an arguable case. 11. In Nguruman Limited vs.…
Division and case type: High Court CriminalCriminal Appeal
…The prosecution has so far tendered evidence by calling thirteen (13) witnesses and the question now at this stage, for this court, is to determine whether the prosecution has established a prima facie case against the accused…
…A prima facie case is established where the evidence tendered by the Prosecution is sufficient on its own for a court of law to return a guilty verdict even if the accused opts to remain silent.…