Judgment[1997] KEHC 12
Case law
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Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Case
…Consequently, the Plainti ought to, rst, establish a prima facie case.…
…facie case.…
Division and case type: Constitutional and Human RightsJudicial Review
…Consequently, the Plainti ought to, rst, establish a prima facie case.…
…facie case.…
Division and case type: CriminalCriminal Appeal
…Consequently, the Plainti ought to, rst, establish a prima facie case.…
…facie case.…
Division and case type: CivilCivil Appeal
…Consequently, the Plainti ought to, rst, establish a prima facie case.…
…facie case.…
Division and case type: CivilCivil Appeal
…Consequently, the Plainti ought to, rst, establish a prima facie case.…
…facie case.…
Division and case type: CriminalCriminal Appeal
…Consequently, the Plainti ought to, rst, establish a prima facie case.…
…facie case.…
Division and case type: Milimani Commercial CourtsCivil Case
…At this stage, the applicant should show that he has a prima facie case with a probability of success at the trial.…
…Having taken that view of the matter, I find that the plaintiff has not shown a prima facie case with a probability of success at the trial.…
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 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: Constitutional and Human RightsPetition
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…First, an applicant must show a prima facie case with a probability of success.…
…Being of that mental inclination I find that the wife has a prima facie case with a probability of success at the trial to the effect that she is co-owner of the matrimonial home and the motor vehicle and that accordingly…
Division and case type: Anti-CorruptionCivil Suit
…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.…
Division and case type: CivilCivil Suit
…It is therefore my finding that the plaintiff has established a prima facie case with a probability of success”. 3.…
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 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: CriminalCase number Criminal Revision
…It is therefore my finding that the plaintiff has established a prima facie case with a probability of success”. 3.…
Division and case type: Constitutional and Human RightsPetition
…It is therefore my finding that the plaintiff has established a prima facie case with a probability of success”. 3.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…It is therefore my finding that the plaintiff has established a prima facie case with a probability of success”. 3.…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…It is therefore my finding that the plaintiff has established a prima facie case with a probability of success”. 3.…