Case law
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Division and case type: High Court Commercial and TaxCommercial Matters
…They urge that unless restrained, the Defendants’ actions will occasion them irreparable harm. They undertake to abide by any orders as to damages. 4.…
…Kenyan courts have consistently acknowledged that the loss of ownership or proprietary interest in land constitutes irreparable harm because such rights are unique and cannot be adequately compensated by damages.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Whether irreparable harm will result 23. The second limb under Giella vs Cassman Brown(supra) is that an applicant must also establish that it will suffer irreparable loss if an order of injunction is not issued.…
…But what exactly is "irreparable harm"?…
Division and case type: Environment and Land CourtELC Land Civil Suit
…That they stand to suffer irreparable harm which cannot be adequately compensated by an award of damages; and 3. If the Court is in doubt, the application is determined on a balance of convenience.…
…(b) Irreparable Harm The Plaintiffs have demonstrated, through photographic evidence and police reports, that the suit land has been subjected to destruction of trees, crops, and structures.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…That they stand to suffer irreparable harm which cannot be adequately compensated by an award of damages; and 3. If the Court is in doubt, the application is determined on a balance of convenience.…
…(b) Irreparable Harm The Plaintiffs have demonstrated, through photographic evidence and police reports, that the suit land has been subjected to destruction of trees, crops, and structures.…
Division and case type: High Court Commercial and TaxCommercial Matters
…As they have no alternative water source, they argue that they stand to suffer irreparable harm, as water is a basic necessity for the sustenance of life. 5.…
…I find that the disconnection of the water supply to occupied residential premises will constitute irreparable harm: 16. The Respondents argue that the Applicants can simply pay their arrears.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Whether the Plaintiff stands to suffer irreparable harm if an injunction is not granted; iii. Whether the balance of convenience tilts in favour of the Plaintiff; iv.…
…The second requirement under the Giella test is that the applicant must demonstrate that they stand to suffer irreparable harm that cannot be adequately remedied by damages.…
Division and case type: High Court DivCommercial Matters
…The Applicant states that it will suffer irreparable harm if the injunction is not granted, as the suit property is of significant value and sentimental attachment.…
…Having found that a prima facie case has been made out, I now address the issue of irreparable harm. The Applicant is required to demonstrate that it would suffer irreparable harm that cannot be compensated by damages.…
Division and case type: High Court Commercial and TaxCommercial Matters
…But what exactly is "irreparable harm"?…
…In T W M v P K M & 2 others [2017] eKLR, the Court stated as follows on the question of irreparable harm: - “On the issues of irreparable loss, this case brings out an important contractual principle that security pledged…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Further, it was contended that the Appellant had not established a case for an injunctive relief as it had failed to demonstrate the likelihood of suffering irreparable harm.…
…Irreparable harm 18.…
Division and case type: High Court Commercial and TaxCommercial Matters
…They instead contend that allowing the Applicants to remain as Directors would expose the Company to continued mismanagement and irreparable harm.…
…harm. 27.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…harm. 37. …
…Okeyo [2002] eKLR, which established that irreparable harm must be substantial, real, and incapable of being remedied by damages. …
Division and case type: Environment and Land CourtCivil Suit
…The Applicants stand to suffer irreparable harm and loss unless the Application is heard and determined on merit and not summarily dismissed on technicalities and failure of technology.…
…The respondents shall not suffer any irreparable harm or loss should the suit be reinstated. It is in the interest of justice that the suit herein be determined on merit as opposed to technicalities.…
Division and case type: High Court Commercial and TaxCommercial Matters
…harm and the balance of convenience.…
…The second limb under the Giella case (supra) requires the applicant to demonstrate that it will suffer irreparable harm if the injunction is not granted.…
Division and case type: High Court DivFamily P&A Citation
…harm and damage. e) Unless this honourable court intervenes as a matter of urgency and issues an order to stay by restraining the 2nd administrator her servants/agent from selling, cultivating or denying the appellants from…
…harm and damage. f) Unless this honourable court intervenes as a matter of urgency and issues an order of stay by restraining the 2nd administrator or her servants/agents form selling, distributing and or transferring the…
Division and case type: High Court Commercial and TaxCommercial Matters
…These conditions require the them to demonstrate a prima facie case with a probability of success, show that they would suffer irreparable harm that could not be adequately compensated by damages, and, if the court is in…
…This means that if the applicant fails to establish a prima facie case, there is no need to consider irreparable harm or the balance of convenience (see Nguruman Limited v Jan Bonde Nielsen& 2 others [2013] KECA 347 (KLR)…
Division and case type: High Court DivCivil Suit
…Regarding whether the applicant will suffer irreparable harm if the injunction is not granted, the 1st Respondent submitted that the applicant would not suffer irreparable harm that could not be compensated monetarily, even…
…Second, an interlocutory injunction is generally not granted unless the applicant may otherwise suffer irreparable harm that cannot be adequately compensated by damages.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Whether the Applicant will suffer irreparable harm if the injunction is not granted.…
…On the issue of irreparable harm, the Defendant/ Respondent relied on the second limb of Giella v Cassman Brown & Co.…
Division and case type: ELC AppealsELC Land Appeal
…On the injunction, she submits that the Applicant has not established a prima facie case the trial court correctly evaluated evidence, no irreparable harm exists on vacant land, and the balance of convenience favours her…
…In submissions, the 2nd Respondent argues that the Applicant fails both the stay and injunction thresholds: no prima facie case as judgment already declared ownership, no irreparable harm vacant land, loss compensable by…
Division and case type: High Court Commercial and TaxCommercial Matters
…The second principle for consideration by the court when granting an order of injunction is whether failure to grant the injunction will cause irreparable harm.…
…In order to show irreparable harm, the moving party must demonstrate that it is a harm that cannot be quantified in monetary terms or which cannot be cured. But what exactly is "irreparable harm"?.…
Division and case type: High Court Commercial and TaxCommercial Matters
…These conditions require the them to demonstrate a prima facie case with a probability of success, show that they would suffer irreparable harm that could not be adequately compensated by damages, and, if the court is in…
…This means that if the applicant fails to establish a prima facie case, there is no need to consider irreparable harm or the balance of convenience (see Nguruman Limited V Jan Bonde Nielsen & 2 Others, [2013] KECA 347 (KLR…