would or might entail irreparable injustice for him, the
latter has not shown in his submissions or affidavit that if
the injunction is not granted he will suffer irreparable
injury that cannot be compensated by award of damages.
Considering the case at issue, we are of the view that any
potential injury that the Applicant may suffer if the
injunction is not granted is quantifiable and damages
would be an appropriate compensation. Consequently, the
Court is also of the opinion that although his reference
raises triable issues, the balance of convenience does not
lie in favour of the Applicant and for obvious reasons.
24. Lastly, given the foregoing, and bearing in mind that the
grant of an interlocutory injunction is an exercise of the
Court’s discretion which must be exercised judiciously at
all times (See Kahoho vs. Secretary General, EACJ
Application No.5 of 2012), we decline to grant the
interlocutory injunction orders sought and do hereby
dismiss this Application.
25. The cost thereof shall abide the outcome of the
Reference.
It is so ordered
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