Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court CivilCivil Suit
…Secondly, that an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…By the term irreparable injury is meant injury which is substantial and could never be adequately remedied or atoned for by damages, not injury which cannot possibly be repaired and the fact that the plaintiff may have a…
Division and case type: High Court Commercial and TaxCommercial Matters
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: High Court CivilCivil Suit
…Secondly, that an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…By the term irreparable injury is meant injury which is substantial and could never be adequately remedied or atoned for by damages, not injury which cannot possibly be repaired and the fact that the plaintiff may have a…
Division and case type: High Court Commercial and TaxCommercial Appeal
…On whether the applicant shall suffer irreparable injury which cannot be compensated by damages. I am not convinced that the is any chance to suffer loss or damage that cannot be compensated by way of damages.…
…Secondly, an interlocutory injunction will not be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
Division and case type: High Court CivilCivil Suit
…Secondly, that an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…By the term irreparable injury is meant injury which is substantial and could never be adequately remedied or atoned for by damages, not injury which cannot possibly be repaired and the fact that the plaintiff may have a…
Division and case type: High Court Commercial and TaxCommercial Matters
…That the 2nd plaintiff would suffer irreparable injury as she stands to lose her property on account of fraudulent activities orchestrated against her. 16.…
…In that case, the court considered referred to Halsbury’s laws of England and stated that: - “First, that the injury is irreparable and second, that it is continuous.…
Division and case type: High Court DivCivil Suit
…On the issue of irreparable injury, the Plaintiff argues that the sale of the property at a "throw away price" would constitute a substantial and demonstrable harm. 12.…
…Regarding the second condition of irreparable injury, the Applicant contends that the sale of its prime property at a "throw away price" would cause it irreparable harm. 42.…
Division and case type: High Court CivilCivil Suit
…That being the case, it couldn’t be said that there would be irreparable injury if the injunction was denied. 18.…
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer an irreparable injury which would not be compensated by an award of damages.…
Division and case type: High Court CivilCivil Appeal
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Irreparable injury;iii. Where in doubt, the balance of convenience. 14. These principles must be applied sequentially. (B) Prima Facie Case 15.…
…(C) Irreparable Injury 19. Under Nguruman Limited v Jan Bonde Nielsen (supra) , irreparable injury must be actual and substantial, not speculative. 20.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages. c.…
…The Court stated: - “In an interlocutory injunction application, the applicant has to satisfy the triple requirements to; (a) establish his case only at a prima facie level, (b) demonstrate irreparable injury if a temporary…
Division and case type: High Court DivCivil Suit
…On irreparable injury, it is the Respondent’s submission that there is no risk of the Applicant suffering irreparable injury in the event the injunction sought is not granted. 49.…
…injury to the Applicant. 53.…
Division and case type: High Court DivCommercial Matters
…where an irreparable injury was defined to be one that cannot be compensated for in damages.…
…Will the applicant suffer irreparable injury unless an injunction is issued?…
Division and case type: High Court Commercial and TaxCommercial Matters
…As to whether the plaintiff stands to suffer irreparable injury, which cannot be adequately compensated by an award of damages, I am not persuaded that this is the case.…
…This is because, other than alleging that she will suffer irreparable injury, the plaintiff has not tendered any evidence in support of the said allegation.…
Division and case type: High Court DivCommercial Matters
…Whether there would be irreparable injury if an injunction weren’t issued; and 3. The balance of convenience. 10.…
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: High Court CivilCivil Suit
…In an interlocutory injunction application, the applicant has to satisfy the triple requirements to; (a)establish his case only at a prima facie level, (b)demonstrate irreparable injury if a temporary injunction is not granted…
…If a prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Ltd [1973] EA 358, the Court held that an applicant must establish: i. a prima facie case with a probability of success; ii. that he stands to suffer irreparable injury not compensable by an award of damages; and iii. if…
…On irreparable injury, the Applicants contend that the suit property is their matrimonial home.…
Division and case type: High Court Commercial and TaxCommercial Matters
…These conditions are to be applied as separate, distinct and logical hurdles which the Plaintiff is expected to surmount sequentially which means that if he does not establish a prima facie case then irreparable injury and…
…injury from the sale.…
Division and case type: High Court Commercial and TaxCommercial Matters
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…
…The equitable remedy of temporary injunction is issued solely to prevent grave and irreparable injury; that is injury that is actual, substantial and demonstrable; injury that cannot “adequately” be compensated by an award…
Division and case type: High Court CivilCivil Suit
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury which would not adequately be compensated by an award of damages.…
…If prima facie case is not established, then irreparable injury and balance of convenience need no consideration.…