Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Kopere’s view was that the learned Judge considered issued of merit of the Plaintiff’s case and made specific findings to the effect that the Plaintiff had no prima facie case. Mr.…
…facie case in order to satisfy the Court that the orders sought can be granted.…
Division and case type: Milimani Commercial CourtsCivil Case
…Kopere’s view was that the learned Judge considered issued of merit of the Plaintiff’s case and made specific findings to the effect that the Plaintiff had no prima facie case. Mr.…
…facie case in order to satisfy the Court that the orders sought can be granted.…
Division and case type: CivilCivil Appeal
…LTS (1973) EA p. 358 are firstly, the applicant must show a prima facie case with a probability of success, secondly, an interlocutory injunction would not normally be granted unless the applicant might suffer irreparable…
…It is apparent, therefore, that the appellant had not shown a prima facie case with a probability of success.…
Division and case type: CivilCivil Appeal
…LTS (1973) EA p. 358 are firstly, the applicant must show a prima facie case with a probability of success, secondly, an interlocutory injunction would not normally be granted unless the applicant might suffer irreparable…
…It is apparent, therefore, that the appellant had not shown a prima facie case with a probability of success.…
Division and case type: Milimani Commercial CourtsCivil Case
…The primary issue for determination is whether the plaintiff has established a prima facie case with a probability of success.…
…The Court of Appeal as explained what constitutes a prima facie case in the case of Mrao Ltd v First American Bank of Kenya Ltd & 2 others [2003] KLR 135.…
Division and case type: CriminalCriminal Case
…The primary issue for determination is whether the plaintiff has established a prima facie case with a probability of success.…
…The Court of Appeal as explained what constitutes a prima facie case in the case of Mrao Ltd v First American Bank of Kenya Ltd & 2 others [2003] KLR 135.…
Division and case type: FamilySuccession Cause
…The primary issue for determination is whether the plaintiff has established a prima facie case with a probability of success.…
…The Court of Appeal as explained what constitutes a prima facie case in the case of Mrao Ltd v First American Bank of Kenya Ltd & 2 others [2003] KLR 135.…
Division and case type: CivilCivil Suit
…First, I ask whether the Plaintiff has made out a prima facie case for the existence of the right asserted and of its probable violation by the Defendants conduct.…
…facie case that she is the lawful wife of the First Defendant by virtue of a subsisting customary law marriage.…
Division and case type: CivilCivil Appeal
…Firstly, there has to be 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.…
…In this case the learned judge was in no doubt that the respondent had made out a prima facie case with a probability of success.…
Division and case type: CivilCivil Case
…facie case with a probability of success in the light of the defence filed by the second defendant, that the plaintiffs will not suffer irreparable injury if the injunction is not granted and that on a balance of convenience…
…The applicant must show a prima facie case with a probability of success or that if the injunction is not granted the applicant will suffer irreparable injury that cannot be compensated by an award or damages.…
Division and case type: CivilCivil Suit
…facie case with a probability of success, 2) The Applicant must demonstrate that he stands to suffer irreparable damages not capable of compensation in damages 3) On the balance of convenience Applicant must show he is entitled…
…An Applicant need only show that he has a prima facie case with a probability NOT a guarantee of success.…
Division and case type: Milimani Commercial CourtsCivil Case
…First, an Applicant must show a prima facie case with a probability of success.…
…For the Plaintiff to establish a prima facie case in this matter, it is imperative that the contract allegedly entered into between the Plaintiff and the 1st Defendant be established.…
Division and case type: CIVIL DIVISIONCivil Case
…According to the case of Giella vs Cassman Brown and Co Ltd [1973] EA 358, in dealing with such applications, first the applicant should show prima facie case with a likelihood of success.…
…respondent is trying to deplete through translocation the applicants heritage of fruits of the land of which they are entitled to through the County Council trust, they are entitled to maintain this suit and have shown a prima…
Division and case type: Environment and LandLand Case
…This being an application seeking orders of injunction, I am guided by the Principles laid 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…
…The question before the court therefore is whether the Plaintiff has established a prima facie as defined by Bosire JA in the case of Mrao Limited Vs First American Bank Kenya Ltd & 2 others [2003] KLR 125 that; “…a prima…
Division and case type: CivilCivil Case
…The plaintiff must show that he has a prima facie case with a probability of success. 2.…
…If it is satisfied that although a cause of action is established and a clear prima facie case is shown any damages that can be suffered will be readily compensatable in damages.…
Division and case type: CriminalCriminal Case
…At the close of the prosecution case, the court must consider the above evidence in order to determine whether or not it discloses a prima facie case against the two accused persons.…
…A prima facie case was defined in the celebrated case of Ramanlal Trambaklal Bhatt V.…
Division and case type: CivilCivil Appeal
…Consequently, the Plainti ought to, rst, establish a prima facie case.…
…facie case.…
Division and case type: FamilySuccession Cause
…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 Case
…First, an applicant must show a prima facie case, with a probability of success.…
…to the plaintiff’s liability to pay the debt she has incurred and the fact that the second defendant is not her husband in the legal or any sense, I have no hesitation to forming a tentative view that she has not shown a prima…