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…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.…

…blames the defendant for failing to refer the matter to arbitration and claims that he was forced to come to court by reason of lack of any provision in the agreement between the parties of procedures for dealing with the reliefs…

…That the law clearly allows the plaintiff to apply to court for the type of relief he is seeking in the suit cannot in my view be gainsaid.…

…Indeed the Respondent has filed a counterclaim in which he hopes to address his grievances and obtain appropriate relief.…

…In the suit he claimed general damages, costs of the suit and such other relief the honourable Court may deem fit to grant after complaining in vain that the defendant had unlawfully terminated the hire purchase agreement…

…Later the plaintiff filed an amended plaint in which he still claimed for general damages, costs of the suit and any other relief which court may deem necessary to grant.…

…The application also seeks other and or further relief or orders to be granted. In an affidavit sown on 13.6.95 the Company denies owing the Petitioner the Kshs 7,228,478/65 upon which the petition is founded upon.…

…Where in a voidable marriage, the Petitioner’s conduct amounts to approbation of the marriage, this fact precludes the Petitioner from obtaining relief unlike in void marriages where the conduct of the Petitioner is immaterial…

…MUGIRIA [1983] KLR 78, this statement is to be found at page 94: “the mistake or misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under Order…

…The proposed Interested Party has a clearly identifiable stake as the complainant before the First respondent and, therefore, a party to the proceedings of the First Respondent, which are the subject of the injunctive relief…

…In the premises I find the plaintiff/applicant has made out a case and I grant him the relief sought by striking out the defence filed herein by the defendant and the plaintiff be and is hereby given liberty to proceed by…

…As a general rule, relief not founded on the pleadings will not be given: Gandy v Caspar Air Charters Ltd (1956) 23 EACA 139 (CA-K) and there were no other correct particulars of the claim given with reasonable accuracy to…

…In it Edwin Asava Majani, Engineer Geoffrey Gathuri Njorohio, Geoffrey Kiugu Gakure as first, 2nd and 3rd plaintiffs respectively have sued Telkom Kenya Ltd, seeking various reliefs as set out in the plaint.…

…Denied that the Plaintiffs are entitled to the reliefs sought. They prayed for the suit against them to be dismissed with costs.…

…I am empowered under Article 23 to grant an appropriate relief as to ensure that the ends of justice are met.…