Case law
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Division and case type: CivilCivil Appeal
…According to him, their net effect demonstrated that the respondent had no prima facie case with a probability of success against the appellant.…
…facie case with a probability of success.…
Division and case type: CivilCivil Appeal
…A prima facie case is made against them, and there is no answer either set up, or which to my mind can be set up, to meet the case of the plaintiff.…
…But the value of the decision is that the plaintiffs there had made out a prima facie case. That is clear because two extra days and one day and 10 hours extra were taken in discharging the ship.…
Division and case type: CivilMiscellaneous Application
…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).…
Division and case type: CivilCivil Suit
…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).…
Division and case type: CivilCivil Appeal
…The first main head of Mr Englehart’s submissions was that the court considering the matter had to decide whether a prima facie case had been made out that the company should be wound up.…
…It is equally a legitimate ground that is just and equitable to wind up the company, for which, Mr Englehart has submitted under the first head, a prima facie case existed in three separate respects.…
Division and case type: CivilCivil Case
…The thrust of the defendants opposition to the application is that the plaintiffs have not made out a prima facie case; the defendant is entitled to terminate the licence as the plaintiffs have never achieved their targets…
Division and case type: CivilCivil Case
…He also submitted that the law on grant of injunctions was clear and that it required prima facie case. He also referred the court to a number of authorities.…
Division and case type: CivilCivil Appeal
…22, 1986, then hearing was adjourned to April 28, 1986, when the hearing took place before Schofield J in dismissing the application, the learned judge said that the plaintiff did not satisfy the court that it had made a prima…
…facie case for probability of success.…
Division and case type: CivilCivil Case
…And as we all 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…
…case, the statement of the so-called third condition indicates that the Court need not to be satisfied in that very regard; ie, if a prima facie case has not been proved the Court may nevertheless grant an injunction where…
Division and case type: CivilCivil Case
…I am of the view that the case presented by the plaintiff has not at this stage passed the test of a prima facie case with a probability of success.…
Division and case type: CivilCivil Case
…Upon trial the plaintiff was acquitted under section 210 of the Criminal Procedure Code, which section donates the power of a court to acquit an accused person at the close of the prosecution case if a prima facie case has…
Division and case type: CivilCivil Case
…In all the circumstances I am satisfied that the tenant has established a prima facie case with a possibility of success and I award his application with costs and grant prayers No 1 and 2 in his chamber summons filed on…
Division and case type: CivilCivil Appeal
…On the evidence a prima facie case of mechanical failure had been set up, because that is what the plaintiff said was the situation before the accident occurred. He was in hospital after the accident.…
Division and case type: CivilCivil Case
…First and foremost, the applicant must show a prima facie case with a probability of success.…
Division and case type: CivilCivil Case
…First and foremost, the applicant must show a prima facie case with a probability of success.…
Division and case type: CivilCivil Case
…The power had been properly exercised since, by failing to adduce any documents sufficient to satisfy s 40(1) of the Law of Property Act 1925, the purchasers had failed to make out a prima facie case that there was an enforceable…
Division and case type: CivilCivil Appeal
…All I will say is that before one can proceed further with such a derivative action he has to establish a prima facie case of fraud the burden whereof is higher than a balance of probability burden.…