Case law
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Division and case type: Environment and LandPetition
…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: CivilCivil Case
…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: CivilCivil Case
…Court Case Nos 1777 of 1986 and 1087 of 1987; that the plaint does not show a prima facie case with a probability of success in the light of the defence filed by the second defendant, that the plaintiffs will not suffer irreparable…
…injury if the injunction is not granted and that on a balance of convenience the temporary injunction should not be granted.…
Division and case type: Milimani Commercial CourtsCivil Case
…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 it had established a prima facie case, it would not have been able to satisfy the 2nd condition which requires that an interlocutory injunction would not normally be granted unless the Applicant might otherwise suffer irreparable…
Division and case type: CivilCivil Case
…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: Milimani Commercial CourtsCivil Case
…He must also show that he would suffer an irreparable injury which would not be adequately compensated by way of damages if the injunction is not granted.…
Division and case type: Milimani Commercial CourtsCivil Case
…are as follows: First an applicant must show a prima facie case with a probability of success at the trial; secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable…
…injury which would not adequately be compensated in damages; and thirdly, if the court is in doubt, it will decide an application on the balance of convenience.…
Division and case type: CivilCivil Case
…The first is that if the plaintiffs have shown on a balance of probabilities that they have a prima facie case with a probability of success and that they will suffer irreparable injury that cannot be compensated for by the…
Division and case type: CivilCivil Case
…The applicant has also to show that unless the injunction is granted he might suffer irreparable injury as in the absence of such possibility an injunction will not normally be granted.…
…Consequently at this junction I am in doubt as to whether he is bound to succeed and this case has to be decided on the balance of convenience and/or on the basis of likelihood of irreparable injury.…
Division and case type: CivilCivil Case
…The applicant has also to show that unless the injunction is granted he might suffer irreparable injury as in the absence of such possibility an injunction will not normally be granted.…
…Consequently at this junction I am in doubt as to whether he is bound to succeed and this case has to be decided on the balance of convenience and/or on the basis of likelihood of irreparable injury.…
Division and case type: Milimani Commercial CourtsCivil Case
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would no adequately be compensated by an award of damages.…
Division and case type: CivilCivil Case
…know it is there stated that first, an applicant must show a prima facie case with a probability of success; 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, and thirdly, if the Court is in doubt, it will decide the application on the balance of convenience.…