Case law
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Division and case type: CivilCivil Case
…There is a burden on the applicant for security to show cause why the relief should be granted. Cases No cases referred to. Statutes 1. Civil Procedure Rules (cap 21) sub leg order XXV rule 1 2.…
…As I see it there is a burden on the applicant for security to show cause why the relief should be granted.…
Division and case type: CivilCivil Suit
…Delay, acquiescence, unclean hands and other matters that go to the exercise of an equitable discretion have to be considered if it is averred that the applicant is undeserving of equitable relief.…
…And as I am not in doubt about the Plaintiff’s failure to satisfy the very first necessary condition for the grant of interlocutory injunctive relief, I need not trouble myself with weighing the balance of convenience.…
Division and case type: CivilCivil Case
…limitation of time by statute and further that the 1st defendant repudiated it on 16th August, 1984; that the suit land was subject to Land Control Board’s consent which was not granted within the prescribed time and; that the relief…
Division and case type: CivilCivil Case
…Njangu’s case show that in order to sustain a plea of res judicata, it is necessary to show: (a) that everything that is directly and substantially in controversy in the subsequent suit as the foundation of the claim for relief…
Division and case type: CivilCivil Case
…purely by statute and that on the authority of Barraclough v Brown & others, [1897] AC p 615, where a right is given by statute and means to enforce are or redress are given by statute one must use this means to get the relief…
Division and case type: CivilCivil Case
…on the merits of the case at the full hearing; secondly, the Court will ordinarily consider whether there is a threat of irreparable harm; and thirdly, whether harm to the respondent would outweigh the need for temporary relief…
…A Court cannot stultify itself by entertaining matters in which the relief claimed cannot be enforced, or if the injunction will be ineffective for practical purpose, or be defeated by some other lawful arrangement.…