Case law
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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 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 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: 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.…
Division and case type: Milimani Commercial CourtsCivil Case
…facie case with a probability of success, and that indeed should the injunction be granted the Defendant will be highly prejudiced as it will have no means of realizing the sums due and owing to whereas, the Plaintiff’s…
…“that an interlocutory injunction will issue:- 1. where the applicant has established a prima facie case with a probability of success; 2. where the applicant stands to suffer irreparable loss which cannot be compensated…
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
…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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…The Court does not also look for a prima facie case of the applicant’s interest in the suit.…
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 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
…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.…