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…The Appellant therefore craves that a declaration be made that the said attachment was irregular and unlawful as it is premature.…

…He maintained that the proclamation done by Ms Dominion Auctioneers was premature, irregular and unlawful due to the existence of orders of stay that are to lapse on 15.11.2025.…

…The Appellants filed suit against the Respondent seeking a refund of KES.30,000 being unutilized rent, special damages for improvements allegedly destroyed, general damages arising out of an alleged unlawful eviction and…

…loss of business, together with costs and interest arising out of an alleged unlawfully eviction. 2.…

…Its reasoning was as follows; “To succeed in a claim of unlawful arrest the plaintiff must establish that the arrest was unlawful and without basis, and/or was actuated by malice.…

…Therefore, what constitutes a false imprisonment and/or unlawful arrest?…

…By doing so I believe I am satisfying 3 of Mr Munenes claims which he categorized as follows:- (1) Unlawful acquisition of LR 219/16 (2) Trespass (3) Breach of an agreement to offer to exchange land for Land Acquired.…

…Particulars of this claim which is alleged to have arisen from the unlawful refusal or neglect of the defendants to approve of the plaintiffs development plans for the said plot, are set out in Paragraph 10 of the Amended…

…They contended that the trial court erred in declaring the repossession and sale of motor vehicle registration number KCY 818L illegal and unlawful.…

…Any departure from the mandatory legal requirements renders the realization process unlawful regardless of the existence of default. 25.…

…appellant sued the respondents vide an amended plaint dated 26th September 2022 for breach of contract and malice seeking the following orders; a) A declaration that the attachment and sale of the plaintiff’s motor vehicle was unlawful…

…and illegal. b) General damages against the 2nd respondent for illegal and unlawful attachment and sale of the plaintiff’s suit motor vehicle. c) An order of injunction to issue to compel the defendant to release and surrender…

…Gumba (the applicant) is seeking: - That this court be pleased to review and/or vary its judgement delivered on 18/7/2023 to read; The appellant is hereby awarded a sum of Kshs. 400,000/= as damages for the illegal and unlawful…

…That the appellant is hereby awarded a sum of Kshs. 150,000/= for the unlawful and illegal public embarrassment during the repossession of the suit motor vehicle.…

…Unlawful arrest and false imprisonment 53. The appellant also sought damages for unlawful arrest and false imprisonment. Those causes of action are distinct from malicious prosecution and required independent proof. 54.…

…An eventual acquittal does not retrospectively render every preceding arrest or detention unlawful.…

…By doing so I believe I am satisfying 3 of Mr Munenes claims which he categorized as follows:- (1) Unlawful acquisition of LR 219/16 (2) Trespass (3) Breach of an agreement to offer to exchange land for Land Acquired.…

…Particulars of this claim which is alleged to have arisen from the unlawful refusal or neglect of the defendants to approve of the plaintiffs development plans for the said plot, are set out in Paragraph 10 of the Amended…

…As stated in Constitutional and Administrative Law, ECS Wade and AW Bradley, (10th Edn, 1985 pp 660 - 661): “An injunction may be claimed against a public authority or official, to restrain unlawful acts which are threatened…

…or are being threatened, for example to restrain unlawful interference with private rights or to restrain ultra vires action such as improper expenditure of local funds”.…

…I find that the failure by the respondent to comply with the Auctioneers Rules marred the entire proclamation and he cannot therefore demand costs based on a defective and unlawful process.’’. 13.…

…I have already found that the repossession of the vehicle was unlawful. The actions of the 1st respondent of unlawfully taking away the vehicle from the appellant amounts to trespass.…

…The Appellant maintained that no evidence was adduced to show unlawful collection, processing, or transmission of personal data attributable to it. 10.…

…The Respondent further failed to demonstrate that it established, on evidence, unlawful processing attributable to the Appellant as opposed to identity fraud by a third party.…

…determination of this Application, this Honourable Court be pleased to declare that the attachment and seizure of Motor Vehicle Registration Number KCR 620X and Trailer Registration Number ZD 1979 on 9th March 2026 was unlawful…

…be pleased to hold the Respondent, his advocates, and/or the instructed Auctioneers personally liable for any loss, damage, depreciation, storage charges, or consequential loss suffered by the Applicant arising from the unlawful…

…— Stay of execution of the warrants of attachment and sale issued by this Court on 11 th September 2025 A declaration that the proclamation dated 22 nd August 2025 and notification of sale dated 11 th September 2025 are unlawful…

…The attachment of motor vehicle KDK 057M was therefore irregular and unlawful.…

…Whether the trial court erred in finding that the Appellant was an unlawful passenger or contributorily negligent; and d. Whether the trial court properly considered the submissions and assessed damages.…

…His failure to produce the record weakened his assertion but did not establish that he was unlawfully on board. The trial court therefore converted an absence of corroboration into proof of illegality.…

…He sought declarations that the taking of possession was unlawful, restoration of possession of the same back to him, and damages for the unlawful taking of possession by the respondent. 2.…

…As a result the plaintiff suffered unlawful imprisonment with mental torture and physical suffering for one full year – after serving the lawful imprisonment period.…

…In the case of AttorneyGeneralvsOluoch [1972] EA 392, claims of damages were brought against two police officers and two magistrates for unlawful confinement and false imprisonment.…

…The central question is whether that continued display constituted unlawful processing under the Data Protection Act (the Act). 27.…

…I therefore find that the Data Commissioner correctly concluded that the Appellant unlawfully processed the Respondents’ personal data. 42.…

…determination of this Application, this Honourable Court be pleased to declare that the attachment and seizure of Motor Vehicle Registration Number KCR 620X and Trailer Registration Number ZD 1979 on 9th March 2026 was unlawful…

…be pleased to hold the Respondent, his advocates, and/or the instructed Auctioneers personally liable for any loss, damage, depreciation, storage charges, or consequential loss suffered by the Applicant arising from the unlawful…