Case law
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Division and case type: CivilCivil Appeal
…LTS (1973) EA p. 358 are firstly, the applicant must show a prima facie case with a probability of success, secondly, an interlocutory injunction would not normally be granted unless the applicant might suffer irreparable…
…It is apparent, therefore, that the appellant had not shown a prima facie case with a probability of success.…
Division and case type: CivilCivil Appeal
…LTS (1973) EA p. 358 are firstly, the applicant must show a prima facie case with a probability of success, secondly, an interlocutory injunction would not normally be granted unless the applicant might suffer irreparable…
…It is apparent, therefore, that the appellant had not shown a prima facie case with a probability of success.…
Division and case type: CivilCivil Appeal
…Firstly, there has to be 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.…
…In this case the learned judge was in no doubt that the respondent had made out a prima facie case with a probability of success.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…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 applicant must show a prima facie case with a probability of success or that if the injunction is not granted the applicant will suffer irreparable injury that cannot be compensated by an award or damages.…
Division and case type: CivilCivil Case
…The plaintiff must show that he has a prima facie case with a probability of success. 2.…
…If it is satisfied that although a cause of action is established and a clear prima facie case is shown any damages that can be suffered will be readily compensatable in damages.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…The foregoing constitute the preliminary and technical facts why at this stage, I cannot say that the plaintiffs have shown that they have a prima facie case with a probability of success to support the confirmation of the…
…I would have on the principle I have just adverted discharged that injunction on the ground that being in doubt whether the plaintiffs have a prima facie case with a probability of success the balance of convenience so dictates…
Division and case type: CivilCivil Case
…First, an applicant must show a prima facie case, with a probability of success.…
…to the plaintiff’s liability to pay the debt she has incurred and the fact that the second defendant is not her husband in the legal or any sense, I have no hesitation to forming a tentative view that she has not shown a prima…
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…
…Whilst I am not too certain whether the plaintiff has shown that they have a prima facie case with a probability of success, I am far more uncertain whether on the affidavit evidence the plaintiffs will suffer injury which…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…I do not therefore see any prima facie case with a probability of success regarding the defendants exercise of statutory power of sale. The application obviously has no merit.…
Division and case type: CivilCivil Appeal
…The application for interlocutory injunction made by the plaintiff was heard fully by the Judge who was satisfied that the plaintiff established a prima facie case with a reasonable probability of success and that the plaintiff…
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: 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.…