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…The Petition, which seeks declaratory and other constitutional reliefs, remains pending determination. 2.…

…While the Court cannot grant relief directed at restraining a meeting that has already taken place, the application also invites the Court to consider whether conservatory relief should issue in respect of the implementation…

…As regards the reliefs under section 103 and 104 of the Land Act, the respondent submits that the same is not automatic nor available as of right.…

…From the above it is clear that a borrower can apply for relief, when the chargee seeks to exercise its statutory power of sale. The rules do not set out the principles that a court should apply before granting relief.…

…iii) What reliefs ought to issue? iv) Who bears the costs of the suit? ANALYSIS AND DETERMINATION: - 17.…

…The plaintiff has sought for a permanent injunction against the defendant as the main and substantive relief in this matter with no other reliefs sought save a prayer for costs and the other prayer for any other relief that…

…Section 152F of the Act provides for relief against a notice of eviction. It gives the person served with the notice a right to apply to the court for whatever relief deemed appropriate in the circumstances.…

…The court upon considering the application may give appropriate relief. Among the reliefs the court can grant are; cancellation, variation or suspension of the notice. The court can also order compensation to be paid.…

…E4437 of 2024 (Nicholas Kiplagat Koech v Daniel Mwita Mwita) (the primary suit) seeking various reliefs against Daniel Mwita Mwita (hereafter the Plaintiff) arising out of a road traffic accident and involving the motor vehicle…

…As concerns relief b) above, the same seeks satisfaction of the decretal sum of Kshs. 603,189.72 by the Defendant, emanating from the primary suit.…

…That under explanatory note 5 to section 7 of the Civil Procedure Act, any relief claimed in a suit which is not expressly granted shall be deemed to have been refused.…

…Further, that the court is clothed with the jurisdiction or power to correct the error and provide the relief that was left out or omitted under section 99 of the Civil Procedure Act.…

…March 2023, and after adequately reviewing the applicable principles on joinder, which I need not state here, he concluded: “Consolidation will only be ordered if there is a common question of law and fact in the suits, the reliefs…

…The basis of relief(s) sought in the counterclaim appears to be similar to the fact raised and the relief(s) sought in the Petition.…

…The first consideration impels a court to grant the relief in a deserving case.…

…That case spells out the necessary conditions for the grant of the relief.…

…The Applicant has not also stated when elections herein may be held: thereby withdrawing the foundation of urgent relief.…

…The fact that counsel has stated that his clients are apprehensive that elections may be held against public interest, does not provide the much needed jab for urgent relief.…

…The sole issue for determination is whether the Applicant has satisfied the legal threshold for the grant of interlocutory injunctive relief in a defamation suit. Analysis 7.…

…While the Applicant’s submissions raise arguable issues deserving investigation at trial, that alone does not entitle the Applicant to interlocutory injunctive relief.…

…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.…

…the Civil Procedure Act and Orders 1 Rule 10 (2), 2 Rule 15 and 51 Rule 1 of the Civil Procedure Rules, the 1st defendant has filed a notice of notion dated 06/12/2022 against the plaintiff and seeks the following main relief…

…On the 2nd test, counsel submits that apart from the descriptive part of the plaint and general reliefs against the defendants jointly without any reference to the 1st defendant, the plaint is bereft of any claim against…

…A defendant is a person against whom a plaintiff asserts a cause of action and from whom the plaintiff seeks relief.…

…In so far as no relief is in fact sought against a proposed party, that party fails the interested-party test in any event.…

…In Lucy Nungari Ngigi & 128 others v National Bank of Kenya Limited & another (2015) eKLR the learned judge held as follows; “In law, joinder should be permitted of all parties in whom any right to relief in respect of or…

…In other word, joinder of parties will be declined where the cause of action being proposed or the relief sought is incompatible to or totally different from existing cause of action or the relief.…

…The Trespass Act's criminal prohibition supports the civil protections linked to possession: trespass mainly involves an invasion of possession and is actionable per se, allowing the possessor to seek relief without needing…

…Under Section 107 of the Evidence Act, Chapter 80, the Plaintiff bears the burden of proving the facts entitling them to relief.…

…Whether the reliefs sought in the amended plaint should be granted.…

…The next relief sought is an order to the 3rd Defendant to discharge the charge in favour of the 2nd Defendant. Having found that the charge was valid, there is no basis for the court to award this relief.…

…Those cited by the Applicant concern the Court's jurisdiction to reopen proceedings and the circumstances in which relief may be granted where the default is attributable to counsel.…

…The Court must therefore first determine whether the Applicant is procedurally entitled to seek the reliefs sought before considering whether the discretion to reopen the proceedings ought to be exercised. 14.…

…Addition of defendants is provided under Order 1 Rule 3 of the Civil Procedure Rules which states as follows: “All persons may be joined as defendants against whom any right to relief in respect of or arising out of the same…

…The main consideration under the said provision is that the person sought to be joined should be one “against whom any right to relief in respect of or arising out of the same act or transaction or series of acts or transactions…

…Whether the prayers for joinder and injunctive relief are available in the circumstances. e. Who pays the costs? 10.…

…Equally, the prayer for injunctive relief cannot stand. An injunction is an ancillary remedy granted in aid of a pending cause.…