Case law
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Division and case type: CivilCivil Suit
…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…
Division and case type: CivilCivil Suit
…It does not appear to me that they stand to suffer any substantial loss if the orders sought in this application are not granted. I specifically dealt with this matter in my ruling.…
Division and case type: High Court CivilCivil Appeal
…On substantial loss, the Applicant has merely stated in paragraph 6 of his Supporting Affidavit that "if execution is to proceed, I will suffer substantial loss and stand condemned unheard rendering the appeal."…
…This is what substantial loss would entail...” 13.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Respondent further argues that the Appellant has failed to demonstrate substantial loss, and that the application thus lacks merit. 4.…
…Substantial Loss 10.…
Division and case type: High Court FamilyFamily Appeal
…loss, thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
…I am persuaded that if the orders sought are not issued, the appellants/applicants will suffer substantial loss. 10.…
Division and case type: High Court DivCivil Appeal
…That since the applicant was neither a candidate nor tenderer, he was a stranger and would not suffer any substantial loss. That public interest is no substitute for substantial loss. 11.…
…The second and most important principle is substantial loss.…
Division and case type: High Court FamilyFamily Appeal
…What amounts to a substantial loss has been defined in a number of cases.…
…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
Division and case type: High Court DivCivil Appeal
…He states that he is likely to suffer substantial loss if compelled to satisfy the decretal sum.…
…He also cites Mukuma v Abuoga (1988) KLR 645, where the Court of Appeal underscored the importance of demonstrating substantial loss. 18.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
…It is trite that proof that substantial loss is likely to be suffered, is at the centre of granting a stay order pending Appeal.…
Division and case type: High Court FamilyFamily Appeal
…loss, thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
…Eviction, no doubt, will cause the appellant/applicant substantial loss. 8.…
Division and case type: High Court CivilCivil Appeal
…On substantial loss, counsel reiterated the applicant’s position and submitted that the applicant will suffer substantial loss if the orders sought are not granted.…
…motion, or is likely to be put in motion, by itself, does not amount to substantial loss.…
Division and case type: High Court CivilCivil Appeal
…On substantial loss, the Appellant contends that she is an elderly woman who would suffer immensely committed to civil jail in execution of the decree.…
…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
Division and case type: High Court CivilCivil Appeal
…He urged that the appeal has high chances of success and he is likely to suffer substantial loss if stay is not granted. 4.…
…Substantial loss was explained in the case of James Wangalwa & Another vs.…
Division and case type: High Court Commercial and TaxCommercial Matters
…And that no sufficient cause has been shown for the grant of stay of execution and no substantial loss will be suffered by the plaintiffs.…
…On substantial loss, the plaintiffs have the obligation to show the court that they would suffer substantial loss if the order is not granted.…
Division and case type: High Court FamilyFamily P&A Citation
…On whether the Applicant would suffer a substantial loss, it was urged that she would not.…
…Substantial loss was discussed by Kimaru, J (as he then was) in Century Oil Trading Co.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Counsel stated that execution is a lawful process and cannot amount to substantial loss. 16.…
…likely to be put in motion, by itself, does not amount to substantial loss.…
Division and case type: High Court CivilCivil Appeal
…The appellants/applicants had the duty of showing that they would suffer substantial loss. 10. What is a substantial loss?…
…loss thus:“…the issue of substantial loss is the cornerstone of both jurisdictions.…
Division and case type: High Court CivilCivil Appeal
…That it will suffer substantial loss unless a stay is granted; b. That the application was filed without undue delay; and c.…
…What amounts to a substantial loss has been defined in a number of cases.…
Division and case type: High Court CivilCivil Appeal
…The court defined what constitutes a substantial loss in the case of James Wangalwa & another v Agnes Cheseto [2012] KEHC 1094 (KLR).…
…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…
Division and case type: High Court Commercial and TaxSmall Claims Appeal Case
…These conditions are cumulative, as reinforced in Mukuma v Abuoga (1988) KLR 645. b) Substantial loss Under current civil procedure, these are the essential conditions for granting a stay of execution.…
…to repay. e) Analysis The appellant has not demonstrated actual substantial loss, merely asserting a broad claim of potential loss.…