Case law
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Division and case type: FamilySuccession Cause
…Secondly, the Applicant has to demonstrate that irreparable injury will be occasioned to it if an order of temporary injunction is not granted.…
…The decision in the case of Pius Kipchirchir Kogo Vs Frank Kimeli Tenai (2018) eKLR provides an explanation for what is meant by irreparable injury and it states that: “Irreparable injury means that the injury must be one…
Division and case type: Environment and LandLand Case
…down in the case of Giella v Cassman Brown & Company Limited [1973] E.A 358 that the applicant must show they have a prima facie case with a probability of success; the applicant, must demonstrate that he/she might suffer irreparable…
…injury if the injunction is not issued which cannot be compensated by damages and finally, should the court be in doubt, it will decide the application on a balance of convenience. 10.…
Division and case type: CivilCivil Case
…know it is there stated that first, an applicant must show a prima facie case with a probability of success; 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, and thirdly, if the Court is in doubt, it will decide the application on the balance of convenience.…