Case law
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Division and case type: High Court Judicial ReviewJudicial Review
…The overriding consideration is to prevent irreparable harm and preserve the status quo pending determination of the substantive application.…
…This Court’s power to grant interim relief, including stay, is intended to protect applicants from irreparable harm pending final determination, in order to safeguard substantive rights.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Court is also expected to determine whether there is a real danger of suffering prejudice or irreparable harm if the conservatory orders sought are not granted; and whether the public interest favours the issuance of…
…Conservatory orders, therefore, are not, unlike interlocutory injunctions, linked to such private-party issues as the “prospects of irreparable harm” occurring during the pendency of a case; or “high probability of success…
Division and case type: High Court Judicial ReviewJudicial Review
…the urgent application for hearing or issue any directions, thereby neglecting its statutory duty to provide timely justice; which alleged judicial inertia has caused the procedural injury to escalate into demonstrable, irreparable…
…harm, defeating the very mandate of the Tribunal.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The Interested Party also argues that the Ex parte Applicant has not established a high threshold for irreparable harm, citing the trial process's safeguards and the potential for a fair hearing. 34.…
…They also argue that a person's criminal offence does not constitute irreparable harm, as long as due process is followed and the loss of reputation or financial hardship can be remedied.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…On the part of the 2 nd petitioner, it is stated that he continues to suffer incarceration and reputational damage and that the alleged constitutional violations have irreparable harm. 10.…
…That the petitioners have not demonstrated any irreparable harm that cannot be compensated by an award of damages and that the balance of convenience tilts in favour of the 1 st respondent to continue exercising its statutory…
Division and case type: CriminalCriminal Appeal
…Counsel further submitted that the Petitioner had admitted that it is not in possession of the suit properties, thus there is no irreparable harm to be suered that cannot be compensated by way of damages (Christopher Chepkiyeng…
…The 4th Respondent submitted that the Petitioner had not made out a prima facie case, neither has it demonstrated that it will suer any irreparable harm if the orders are not granted. 21.…
Division and case type: High Court Judicial ReviewJudicial Review
…No prima facie case, no irreparable harm, no showing that the balance of convenience favours the Applicant who has been indolent all these years holding a mandamus decree and not enforcing it until nearly ten years later.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The 1 st Respondent contends that no evidence of actual, imminent danger, irreparable harm, or rights violation under Article 23 (3) (c) was demonstrated to justify court intervention and that the court retains full power…
…Another ground is that the Petitioner demonstrated no real, imminent danger, irreparable harm, or actual infringement of rights under Article 23(3)(c). 18.…
Division and case type: High Court Judicial ReviewJudicial Review
…Administrative Action Act by failing to supply the information, evidence, and reasons forming the basis of the impugned decision and that unless this Honourable Court intervenes, the Applicant risks continuing to suffer irreparable…
…harm, including damage to its reputation, commercial interests, and constitutional rights, arising from the unlawful administrative process pursued by the Respondent and/or the Interested Party. 23.…
Division and case type: High Court Judicial ReviewJudicial Review
…The applicant’s case is that him and his advocate were never served with a hearing notice and were only made aware of the same in the impugned decision; that the impugned decision will cause irreparable harm to the applicant…
Division and case type: High Court Judicial ReviewJudicial Review
…Thus, allowing the 1 st and 2 nd Respondents to proceed with the adoption of the policy will occasion the members of the ex-parte Applicant irreparable harm as they are likely to be adversely affected by the administrative…
…Okonjo stated in Court that he relied on Article 47 of the Constitution and sought mercy and leniency of the Court because the ex-parte Applicant stands to suffer irreparable harm since the profession is their source of livelihood…
Division and case type: High Court Judicial ReviewJudicial Review
…Ltd [1973] EA 358 , the applicant having failed to demonstrate either a prima facie case, or irreparable harm, or that the balance of convenience tilted in his favour.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is deposed that the applicants will suffer irreparable harm unless the stay is granted since the applicants have lodged an appeal which is arguable.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Conservatory orders, therefore, are not, unlike interlocutory injunctions, linked to such private-party issues as “the prospects of irreparable harm” occurring during the pendency of a case; or “high probability of success…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Conservatory orders, therefore, are not, unlike interlocutory injunctions, linked to such private-party issues as “the prospects of irreparable harm” occurring during the pendency of a case; or “high probability of success…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The Petitioner urges the Court to urgently grant interim orders to safeguard his liberty, return his passport and personal property, and prevent further irreparable harm.…
Division and case type: High Court Judicial ReviewJudicial Review
…That unless restrained, the Respondent will continue relying on the unlawful cancellation to facilitate the infringement of the Applicant’s trademarks, displace it from the pharmaceutical market and cause grave and irreparable…
…harm that cannot be remedied by damages. 24.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…2019 (Cap. 314) and submit that statutory exhaustion is not absolute and highlighted the statutory exceptions under Section 9(4) of the Fair Administrative Action Act (No. 4 of 2015) where constitutional violations and irreparable…
…harm exist. 22.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Conservatory orders, therefore, are not, unlike interlocutory injunctions, linked to such private-party issues as “the prospects of irreparable harm” occurring during the pendency of a case; or “high probability of success…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Conservatory orders, therefore, are not, unlike interlocutory injunctions, linked to such private-party issues as “the prospects of irreparable harm” occurring during the pendency of a case; or “high probability of success…