Case law
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Division and case type: Constitutional and Human RightsJudicial Review
…Secondly, the Applicant has to demonstrate that irreparable injury will be occasioned to it if an order of temporary injunction is not granted.…
…The decision in the case of Pius Kipchirchir Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one…
Division and case type: Constitutional and Human RightsJudicial Review
…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.…
…Secondly, the Appellant is likely to suffer irreparable injury because all their vehicles are suspended.…
Division and case type: High Court CivilJudicial Review
…injury which would not be compensated adequately by an award of damages.…
…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 LandLand Case
…down in the case of Giella v Cassman Brown & Company Limited [1973] E.A 358 that the applicant must show they have a prima facie case with a probability of success; the applicant, must demonstrate that he/she might suffer irreparable…
…injury if the injunction is not issued which cannot be compensated by damages and finally, should the court be in doubt, it will decide the application on a balance of convenience. 10.…
Division and case type: High Court Judicial ReviewJudicial Review
…In this case, the Applicant faces the prospect of serious and irreparable injury if the debarment is allowed to take effect before judicial scrutiny.…
Division and case type: High Court Judicial ReviewJudicial Review
…Secondly, courts, in deciding whether or not to order leave to operate as stay, should ensure that the substantive application for judicial review, if successful, is not rendered nugatory and therefore the need to avoid irreparable…
…injury being occasioned to an applicant and the balance of convenience as between the parties. 36.…
Division and case type: High Court DivJudicial Review
…does not urgently intervene, the Applicant's right to non-discrimination and equality before the law will continue to be violated by the illegal and irrational decision to charge by the 2nd Respondent, thus occasioning irreparable…
…injury to the Applicant. m) The Applicant herein has sought and obtained leave from the High Court to commence these proceedings. n) It is in the interest of justice to hear this application urgently and grant the orders…