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…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…

…What constitutes a prima facie case was discussed by the court in Mrao limited v First American Bank of Kenya limited & 2 others (Civil appeal 39 of 2002) [2003] KECA 175 (KLR) where the court determined that prima facie…

…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…

…What constitutes a prima facie case was discussed by the court in Mrao limited v First American Bank of Kenya limited & 2 others (Civil appeal 39 of 2002) [2003] KECA 175 (KLR) where the court determined that prima facie…

…The Respondent submits that the Applicant has not established a prima facie case with probability of success. 11.…

…A prima facie case is more than an arguable case. It is not sufficient to raise issues. The evidence must show an infringement of a right and the probability of success of the Applicants case upon trial.…

…A prima facie case was defined in the following terms in Mrao limited v First American Bank of Kenya limited & 2 others (Civil appeal 39 of 2002) [2003] KECA 175 (KLR) where the court determined that a prima facie case in…

…The court proceed to determine that a prima facie case is more than an arguable case and determined that proof of a prima facie case goes beyond the mere raising of issues and held as hereunder: But as I earlier endeavored…

…Thus, there must be an anticipated trial in which the prima facie case established at the interlocutory stage is tested and proven.…

…A prima facie case cannot exist in vacuo. 9.…

…As to whether the applicant had established a prima facie case, reliance was placed on Mrao Limited v First American Bank of Kenya Limited [2003] eKLR in which a prima facie case was defined. he submitted that he, together…

…There is no prima facie case established by the applicant.…

…The Court of Appeal in MRAO LIMITED-VERSUS- FIRST AMERICAN BANK OF KENYA & 2 OTHERS (2003) KLR 125 explained what amounts to a prima facie case as follows; - “a prima facie case in a civil application includes but is not…

…In an effort to establish whether the Applicant has demonstrated a prima facie case or not, the Court is inclined to interpret the Applicants pleadings at the inception.…

…A prima facie case was defined in Mrao Ltd vs.…

…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…

…That there is a prima facie case with a probability of success. That as the plaintiffs have pleaded fraud, the title held by the 2nd Defendant is subject to be challenged.…

…A prima facie case was defined by the Court of Appeal in Mrao Ltd vs First American Bank Kenya Ltd & 2 Others [2003] eKLR as follows: “ a prima facie case in a civil Application includes but is not confined to a genuine and…

…First an applicant must show a prima facie case with probability of success.…

…In the case of Mrao versus First American Bank of Kenya Limited & 2 Others (2003) KLR 125, a prima facie case was described as follows: “A prima facie case in a Civil Application includes but is not confined to a ‘genuine…

…(e)    That the Applicant has established has acquired interests in the suit parcel and has established a prima facie case  with probability of success. 3.   …

…A prima facie case is more than an arguable case.  It is not sufficient to raise issues.  The evidence must show an infringement of a right and the probability of success of the Applicants case upon trial.  …

…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…

…All these are issues that this court finds not to hold water in regard to the response as to whether the prima facie case has been established. 42.…

…On whether or not a prima facie case with a probability of success had been demonstrated, Counsel submitted that the Applicant had not demonstrated any infringement of his proprietary rights.…

…That the Applicant has failed to establish a prima facie case with a probability of success. 10.   …

…The standard of proof of that prima facie case is on a balance or, as otherwise put, on a preponderance of probabilities.…

…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.” 27.…

…Counsel submitted that the Plaintiff had failed to establish a prima facie case with a probability of success.…

…A prima facie case was as stated in the case of Mrao Ltd vs First American Bank Kenya Ltd & 2 Others [2003] eKLR is - “ a prima facie case in a civil Application includes but is not confined to a genuine and arguable case…

…Ltd (1973) 358 that the Applicant must establish a prima facie case with a probability of success, an interlocutory injunction will not normally be granted unless the Applicant would suffer irreparable injury which would…

…A prima facie case was defined by the Court of Appeal in Mrao Ltd vs First American Bank Kenya Ltd & 2 Others [2003] eKLR as follows: “ a prima facie case in a civil Application includes but is not confined to a genuine and…

…Plaintiff has a prima facie case, and there was danger of the Plaintiff/Applicant being evicted after summons are served or the land being transferred. iii.…

…That he had a prima facie case as he has lived on the property for 20 years, developed extensively the same which development is inconsistent with the Defendant’s title, that there is no defence to the currently claim. x.…

…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.” 13.   …

…INGREDIENT 1- PRIMA FACIE CASE 15.   The first ingredient for discussion is whether or not the Applicant has established a Prima Facie case against the Respondents. 16.   …

…Counsel relied on the case of Mrao Limited -vs- First American Bank of Kenya Ltd & 2 Others [2003]eKLR on the definition of prima facie case.…

…That the Applicant has therefore failed to demonstrate a prima facie case.…

…The principles guiding the court in deciding whether or not to grant an interlocutory injunction are well settled in the case of Giella – Versus - Cassman Brown as follows: - Prima facie case with a probability of success…

…the application on the balance of convenience. 8 On whether the Applicants have established a prima facie case, the term Prima facie case was defined by the Court of Appeal in Mrao Limited – Versus - First American Bank…