Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Further, it was contended that the Appellant had not established a case for an injunctive relief as it had failed to demonstrate the likelihood of suffering irreparable harm.…
…Irreparable harm 18.…
Division and case type: High Court CivilCivil Appeal
…The Applicant contends that he stands to suffer irreparable harm if the orders sought are not granted, as the Respondent has threatened to proclaim and attach his properties for costs.…
…The Applicant has merely made a general assertion of irreparable harm without particularizing the actual loss he stands to suffer. [21] The judgment in the lower court was delivered on 3 rd February 2026.…
Division and case type: High Court DivCivil Appeal
…On the second issue, the Appellant contended that the learned magistrate misapprehended the principle of irreparable harm as established in Giella v Cassman Brown .…
…Consequently, the trial court erred in holding that deprivation of contractual rights constituted irreparable harm.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Further, it was contended that the Appellant had not established a case for an injunctive relief as it had failed to demonstrate the likelihood of suffering irreparable harm.…
…Accordingly, the Appellant has failed to establish a prima facie case, which is the first and essential limb of the Giella test.Irreparable harm As to irreparable harm, the Court in Nguruman Ltd clarified that the equitable…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…harm, and that the balance of convenience tilts in their favour.…
…Irreparable Harm 21. The irreparability of the harm must be assessed in light of the specific nature of the subject matter. 22.…
Division and case type: High Court CivilCivil Appeal
…That he stood to suffer irreparable harm by way of committal to civil jail if the stay is not granted. That the appeal has prospects of success. That the application had been lodged expeditiously. 4.…
…On substantial loss, it was contended that if the stay is not granted the applicant might be committed to civil jail thereby loss his liberty and suffer irreparable harm.…
Division and case type: CivilCivil Appeal
…Whilst the learned judge did not specifically go into the issue of irreparable harm, it is clear to us that the respondent will not now get another property at the agreed price.…
…If the respondent were to buy another similar property now at say K.Shs.6,000,000/= she would suffer irreparable harm in that she would most likely not obtain a similar property at a price of less than Shs.6,000,000/=.…
Division and case type: High Court DivCivil Appeal
…In view of the said order the Appellant did not stand a chance to suffer irreparable harm and the balance of convenience did not favour granting of the order sought.…
…Even where the injury is capable of compensation in damages an injunction may be granted, if the act in respect of which relief is sought is likely to destroy the subject matter in question” In order to show irreparable harm…
Division and case type: High Court DivCivil Appeal
…The 1 st appellant depones that the tribunal granted orders which were not sought and execution of the ruling will result in immediate removal of elected officials of an unnamed Sacco causing irreparable harm and disruption…
…The respondent retorts that granting of the orders will cause irreparable harm and financial ruin and that the appellants have not shown arguable appeal and prima fascie case worth meritorious consideration by this court.…
Division and case type: High Court DivCivil Appeal
…harm…. iii) On which side does the balance of convenience lie…… Even as those must remain the basic tests, it is worth adopting a further, albeit rather special and more intrinsic test which is now in the nature of general…
…The second question is: Will the Appellant/Applicant be likely to suffer irreparable harm if the orders are denied?…
Division and case type: High Court DivCivil Appeal
…and the Court of Appeal in Duncan Nduracha v Fuad Mohammed & 2 others [2011]eKLR that discretionary power cannot be exercised capriciously or at the whim of the court, on the unlikely authority on temporary injunction and irreparable…
…harm Nguruman Limited v Jan Bonde Nielsen & 2 Others CA No 77 of 2012, and on s. 107 to 109 of the Evidence Act that he who alleges must prove, and that the applicants had not proved that they would suffer irreparable harm…
Division and case type: High Court DivCivil Appeal
…That unless the orders are granted, the Applicant will suffer irreparable harm that cannot be compensated by the award of damages. c. If the court is in doubt, it will determine on a balance of convenience . 13.…
…I see no effort by the Appellant to demonstrate therefore that the attachment would occasion irreparable harm that the Respondent could not make good. The second limb of the principles thus also falls.…
Division and case type: High Court DivCivil Appeal
…The applicant submitted that the appeal has high chances of success, and if execution proceeds, the appeal will be rendered nugatory, causing irreparable harm.…
…Under Order 42 Rule 6(2) of the Civil Procedure Rules, an applicant must demonstrate: Substantial loss – that they will suffer irreparable harm if stay is not granted; No undue delay – that the application was filed without…
Division and case type: High Court Judicial ReviewJudicial Review
…The overriding consideration is to prevent irreparable harm and preserve the status quo pending determination of the substantive application.…
…This Court’s power to grant interim relief, including stay, is intended to protect applicants from irreparable harm pending final determination, in order to safeguard substantive rights.…
Division and case type: High Court DivCivil Appeal
…That weight of judicial authority leans against a party who charges his property and then turns around to claim that sale of the same property would cause him irreparable harm. 23.…
…harm having consciously charged his property to guarantee the 1st Respondent, was clearly a wrong legal finding. 41.…
Division and case type: High Court DivCivil Appeal
…That weight of judicial authority leans against a party who charges his property and then turns around to claim that sale of the same property would cause him irreparable harm. 23.…
…harm having consciously charged his property to guarantee the 1st Respondent, was clearly a wrong legal finding. 41.…
Division and case type: High Court CivilCivil Appeal
…The principles are applied sequentially, not conjunctively — but both the prima facie case and irreparable harm principles must be established before the court considers the balance of convenience principle, which is only…
…harm incapable of being compensated by damages.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The application was disallowed, on account of material non-disclosure, failure to demonstrate irreparable harm which could not be compensated by damages, and that the appellant had admitted default on the subject loan, and…
Division and case type: High Court Judicial ReviewJudicial Review
…The Court is also expected to determine whether there is a real danger of suffering prejudice or irreparable harm if the conservatory orders sought are not granted; and whether the public interest favours the issuance of…
…Conservatory orders, therefore, are not, unlike interlocutory injunctions, linked to such private-party issues as the “prospects of irreparable harm” occurring during the pendency of a case; or “high probability of success…
Division and case type: High Court CivilCivil Appeal
…The 4 th Applicant urged they will they suffer an irreparable harm if the Application is not heard urgently and the interim orders sought herein granted.…
…Nzioki [2004] KLR 173 and reiterated that no prejudice or irreparable harm would be suffered by the Respondent if the Ex-parte Judgment is set aside 22.…