Search court decisions

…In the circumstances, the Court finds that the Claimant’s entitlement to the declaratory relief sought cannot be finally determined at this stage. 2) Whether the Claimant is entitled to injunctive relief restraining alienation…

…Granting the injunctive relief sought would therefore risk restraining the registered proprietor on the basis of contested and unproven rights, and would in effect amount to granting substantive relief at a preliminary stage…

…In the present case, the appellant’s case before the trial court was that they instructed the respondent to apply for injunctive relief in ELC 001 of 2021 against one Joseph Odhiambo Ondiek.…

…However, an invoice dated 23/9/2020 on which he sought to rely showed that the instructions for injunctive relief by the appellants to the respondent were issued in ELC Case No. 206 of 2018.…

…As a rule, relief not founded on the pleadings will not be given.” 18.…

…In the present application, although the Appellant seeks broad relief allegedly to restrain execution, there is no clearly pleaded specific order for stay of execution pending appeal.…

…LR Kisumu/Kogony/6544 Kisumu City (the suit property), by seeking the following reliefs: a.…

…This Honourable Court do grant the Plaintiff relief under Section 103 and 104 of the Land Act or any other appropriate relief by suspending the realization of the security on such terms that are just and for the benefit of…

…The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available.…

…But there is also a need to emphasize the need for the court to scrutinize the purpose for which a party is seeking relief, in determining whether the granting of such constitutional reliefs is appropriate in the given circumstances…

…“Interim reliefs are a shield for the deserving, not a refuge for the defiant.” 1.…

…The court was to reject the application, noting that similar circumstances had previously led to denial of injunctive relief. 10.…

…“Interim reliefs are a shield for the deserving, not a refuge for the defiant.”…

…The court was to reject the application, noting that similar circumstances had previously led to denial of injunctive relief.…

…The Respondents also filed their own application seeking injunctive relief restraining alteration of trusteeship pending determination of the suit. 6.…

…In the instant case, I note that the impugned orders were issued after the trial court considered competing applications from both parties, each seeking injunctive relief. 15.…

…KCK 753T to the 1 st Respondent when no such relief was ever sought in the Amended Plaint dated 4 th October 2023 and no such relief was granted in the judgment of 4 th September 2024. 5.…

…I have revisited the pleadings, the reliefs sought including declaratory orders, injunctive relief, and in the alternative a refund of the purchase price.…

…The respondent filed a Notice of Preliminary Objection dated 10th November 2025 contending that under Order 43 of the Civil Procedure Rules no automatic right of appeal exists from an order granting or refusing relief under…

…The temporary injunctive relief the applicant seeks is unrelated to the order issued by the lower court and is therefore extraneous.…

…The 1st Respondent filed suit in the Subordinate Court seeking the following reliefs set out in the Plaint: a.…

…Any other just and equitable relief as this Honourable may deem appropriate. 2.…

…The instant appeal arises from the dismissal of the Appellant’s interlocutory application seeking injunctive relief before that court.…

…This application, therefore, seeks temporary relief pending the hearing and determination of this appeal. Notice of Motion 2.…

…the due performance of any decree ultimately binding on the applicant has been given. b) Even if this Court were competent to consider the application, the Appellant has not established entitlement to the discretionary relief…

…The Appellant delayed in pursuing effective relief.…

…Where a stay is granted on terms, those terms must be strictly adhered to, failing which the foundation upon which the discretionary relief rests collapses.…

…In Wainoga v Sudan [2025] KECA 2026 (KLR), the Court of Appeal underscored that compliance with conditions attached to stay orders is integral to the exercise of discretion, and failure to meet the threshold for such relief…

…*****959 or its alternative in value or in the alternative to (a) above Kshs. 586,040.00 and consequential relief. 2.…

…He denied that the Appellant was entitled to any of the reliefs as he had not suffered any loss or damage as alleged or at all. 6.…

…E688 of 2024 seeking the following reliefs: (a) An order for release of Motor Vehicle Registration Number KCD 239R Toyota Hiace; (b) An order for general damages for loss of business for the days the vehicle was on attachment…

…(d) Any other relief that this honourable court may deem fit to grant. [6] The trial court delivered its judgment on 3 rd February 2026, dismissing the Appellant's suit with costs.…

…Those claims, while framed as discrete reliefs, were predicated on the existence and enforceability of the charge. 34.…

…Having found that the charge was void for want of the LCB consent, the legal foundation upon which those reliefs were premised is fundamentally displaced.…

…In the memorandum of appeal, the appellant listed one grounds of appeal that: - (i) The learned magistrate erred in law by making an award of general damages where no prayer or relief for general damages was sought in the…

…He referred the court to the case of Lamba versus National Social Security Fund & another (2023) KECA 123 (KLR) where the Court of Appeal held that: ‘it is a cardinal principle of law that a court will only grant reliefs…

…Reasons Wherefore the Appellant prays for judgment against the Respondent and asks for the following relief:- a). That the appeal be allowed with costs b).…

…It is trite that a court executing a decree cannot travel beyond the decree or grant reliefs which were not expressly awarded in the judgment.…