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: 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: 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: 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…
Division and case type: Milimani Commercial CourtsCivil Case
…They are as follows: First an applicant must show a prima facie case with a probability of success at the trial; secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer…
…In the premises the plaintiff has shown a prima facie case with a probability of success at the trial on the issues of the validity of the various increases in the interest rates applied by the defendant.…
Division and case type: CivilCivil Suit
…I have no doubt that in trying to establish that, she intends thereby to show that the applicant has a prima facie case with a probability of success.…
…She argues therefore that the applicants have not established a prima facie case with a probability of success.…
Division and case type: CivilCivil Case
…The foregoing constitute the preliminary and technical facts why at this stage, I cannot say that the plaintiffs have shown that they have a prima facie case with a probability of success to support the confirmation of the…
…I would have on the principle I have just adverted discharged that injunction on the ground that being in doubt whether the plaintiffs have a prima facie case with a probability of success the balance of convenience so dictates…
Division and case type: Constitutional and Human RightsPetition
…That section requires that a petition by a prospective creditor may not be heard until security is given for the costs and also until a prima facie case has been made for winding up of the company.…
…It would therefore seem that the verifying affidavit verify nothing and the petition in itself does not constitute a prima facie case under section 221(1) (iii) eligible for hearing.…
Division and case type: Environment and LandPetition
…Consequently, the Plainti ought to, rst, establish a prima facie case.…
…facie case.…
Division and case type: Milimani Commercial CourtsCivil Case
…At this stage, the applicant should show that he has a prima facie case with a probability of success at the trial.…
…Having taken that view of the matter, I find that the plaintiff has not shown a prima facie case with a probability of success at the trial.…
Division and case type: CivilCivil Suit
…Cassman Brown & Co., Ltd., 91973) E.A. 358 it was held that an applicant must show a prima facie case with a probability of success and that the applicant might suffer irreparable injury incapable of being compensated by…
Division and case type: CivilCivil Case
…The first is that if the plaintiffs have shown on a balance of probabilities that they have a prima facie case with a probability of success and that they will suffer irreparable injury that cannot be compensated for by the…
…Whilst I am not too certain whether the plaintiff has shown that they have a prima facie case with a probability of success, I am far more uncertain whether on the affidavit evidence the plaintiffs will suffer injury which…