Case law
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Division and case type: High Court CivilCivil Appeal
…The Appellant principally challenged the trial court’s decision to dismiss the suit on grounds of public policy. 10.…
…The Respondent supported the trial court’s decision to dismiss the suit on grounds of public policy.…
Division and case type: High Court DivCivil Appeal
…They argued that that was an outright violation of public policy and would likely cause chaos and uncertainty as to the remedy of a chargee upon violation of the terms of a charge instrument.…
…They drew the court’s attention to the definition of the word, “public policy” from the Black’s Law Dictionary, as the principles and standards regarded by the legislature or by the courts as being of fundamental concern…
Division and case type: High Court DivCivil Appeal
…They argued that that was an outright violation of public policy and would likely cause chaos and uncertainty as to the remedy of a chargee upon violation of the terms of a charge instrument.…
…They drew the court’s attention to the definition of the word, “public policy” from the Black’s Law Dictionary, as the principles and standards regarded by the legislature or by the courts as being of fundamental concern…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The general rule is that a party of full age and sound understanding is bound by their signature on a document whether or not they have read it.However, where a contract is illegal by virtue of statute or public policy, such…
…The learned Magistrate failed to apply the established legal principles on illegality, unconscionability, and public policy, which bar courts from assisting parties seeking to benefit from unlawful contracts. 13.…
Division and case type: High Court DivCivil Appeal
…The Respondent also submitted that the contractual interest of 30% per month, equivalent to 300% per annum, was unconscionable, oppressive and contrary to public policy, and urged the Court not to enforce it. 28.…
…However, courts retain equitable jurisdiction to refuse enforcement of terms that are oppressive, penal, extortionate, unconscionable, or contrary to public policy. 39.…
Division and case type: High Court DivCivil Appeal
…In the alternative, the Respondent submitted that the contractual interest of 30% per month, equivalent to 300% per annum, was unconscionable, contrary to public policy and ought not to be enforced by the Court. 35.…
…However, courts retain equitable jurisdiction to refuse enforcement of terms that are oppressive, penal, extortionate, unconscionable, or contrary to public policy. 46.…
Division and case type: High Court DivCivil Appeal
…Public policy demands that litigation must at one point come to and end.…
…. … The doctrine of res judicata was based on the principle of finality which was a matter of public policy.…
Division and case type: High Court DivCivil Appeal
…The Respondent also submitted that the interest claimed is unconscionable, contrary to law and public policy. 35. It was the Respondent’s submission that the contract is unenforceable. 36.…
…However, courts retain equitable jurisdiction to refuse enforcement of terms that are oppressive, penal, extortionate, unconscionable, or contrary to public policy. 54.…
Division and case type: High Court DivCivil Appeal
…The only exception in freedom of contract is that parties cannot enter into a contract that is illegal or against public policy or other vitiating factors.…
…I have not seen anything in the agreement that may translate to illegality or that works against public policy or any attendant vitiating factor.…
Division and case type: High Court CivilCivil Appeal
…res judicata, as a judicial device on the finality of court decisions, is subject only to the special scenarios of fraud, mistake or lack of jurisdiction (p 293): The principle of finality or res judicata is a matter of public…
…policy and is one of the pillars on which a judicial system is founded.…
Division and case type: High Court DivCivil Appeal
…To this court, a public policy must be in writing and made available to the citizenry to be able to access, read understand for purposes of compliance.…
…A roadside declaration never amounts to public policy decision in Kenya.…
Division and case type: High Court CivilCivil Appeal
…Whether a contract that contravenes statute and public policy is void ab initio for all purposes and intends?…
…Whether a contract that contravenes statute and public policy is void ab initio for all purposes and intends?…
Division and case type: High Court CivilCivil Appeal
…It hasn’t been shown that there was fraud, misrepresentation, or mistake in this case, or that the consent was contrary to public policy. That isn’t what the appellants/applicants’ counsel is saying.…
Division and case type: High Court CivilCivil Appeal
…No such vitiating factor is suggested here; the consent is regular on its face, is signed by both firms of advocates, and discloses nothing unlawful or contrary to public policy.…
Division and case type: High Court DivCivil Appeal
…A consent order cannot be set aside unless it is shown that it was a product of a mistake, misrepresentation or fraud or it went against public policy.…
Division and case type: High Court DivCivil Appeal
…The interest rate was agreed upon by the parties in the load agreement, and the 1 st Respondent did not provide evidence to demonstrate that the rate was exorbitant, illegal, or contrary to public policy. 5) It is argued…
Division and case type: High Court CivilCivil Appeal
…this Article bind all State organs, State officers, public officers and all persons whenever any of them– (a) applies or interprets this Constitution; (b) enacts, applies or interprets any law; or (c) makes or implements public…
…policy decisions (2) The national values and principles of governance include–– (a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; (b) human dignity…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Wambugu & Another (HCCC No. 2340 of 1991) for the argument that litigation must come to an end since endless re-litigation offends public policy.…
Division and case type: Milimani Commercial CourtsCriminal Case
…policy?…
…policy?…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The doctrine is founded upon the public policy principle that litigation must come to an end. 19. In Independent Electoral & Boundaries Commission vs.…