Search court decisions

…facie case with a probability of success, 2) The Applicant must demonstrate that he stands to suffer irreparable damages not capable of compensation in damages 3) On the balance of convenience Applicant must show he is entitled…

…An Applicant need only show that he has a prima facie case with a probability NOT a guarantee of success.…

…I have no doubt that in trying to establish that, she intends thereby to show that the applicant has a prima facie case with a probability of success.…

…She argues therefore that the applicants have not established a prima facie case with a probability of success.…

…That section requires that a petition by a prospective creditor may not be heard until security is given for the costs and also until a prima facie case has been made for winding up of the company.…

…It would therefore seem that the verifying affidavit verify nothing and the petition in itself does not constitute a prima facie case under section 221(1) (iii) eligible for hearing.…

…Consequently, the Plainti ought to, rst, establish a prima facie case.…

…facie case.…

…Cassman Brown & Co., Ltd., 91973) E.A. 358 it was held that an applicant must show a prima facie case with a probability of success and that the applicant might suffer irreparable injury incapable of being compensated by…

…inspection by the company representative before shipment and by SGS, together with the long time it took for the company to complain and finally the fact that these goods have not been returned, the company has not made out a prima…

…facie case upon which an injunction may be granted.…

…To succeed an applicant must, firstly, show a prima facie case in the suit with a probability of succeeding when it will come for hearing.…

…It is therefore my finding that the plaintiff has established a prima facie case with a probability of success”. 3.…

…Applying the case of Giella vs Cassman Brown and Co Ltd [1973] EA 358, I am to take the following principles into account in adjudicating upon the application before me namely that; (a) the applicants must show a prima facie…

…I therefore hold that it is difficult to say that a prima facie case has been made out.…

…It is therefore my finding that the plaintiff has established a prima facie case with a probability of success”. 3.…

…He would not dismiss the application, he continued, only on the grounds that a prima facie case with a probability of success had not been established.…

…(We assume that by that the learned judge meant he found a prima facie case with a probability of success had not been established).…

…The Court does not also look for a prima facie case of the applicant’s interest in the suit.…