Case law
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Division and case type: CivilCivil Case
…The defendant filed a replying affidavit and denied the fact that the plaintiff was entitled to any of the reliefs she was seeking for in this originating summons.…
…I am therefore satisfied that the plaintiff has not established her case to warrant this court granting her the reliefs she sought in this Originating Summons. I hereby therefore dismiss her suit with costs.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Case
…It was not a frivolous suit, and he was able to get temporary relief.…
Division and case type: Milimani Commercial CourtsCivil Case
…Now, injunction is an equitable relief, a court of equity administers justice according to fairness as contrasted with the strict formulated rules of common law.…
…Since equity administers justice on basis of fairness, it would be wrong for that very relief to be used to afford someone unfairness, and the court has power to discharge an injunction where such unfairness is to be found…
Division and case type: CivilCivil Case
…The main relief sought is that defendant do give possession of the portion he has taken to the plaintiff. There has been previous proceedings. In Meru High Court Civil Appeal No. 22/88.…
Division and case type: CivilCivil Case
…Section 59 (1) of the Registered Land Act gives the Court jurisdiction to grant the tenant relief from forfeiture. In any case courts of equity grant relief against forfeiture for non-payment of rent.…
…In Thalches v C of Pearce and Sons (Contractors) Ltd [1968] 1 WLR 74g, relief against forfeiture for non-payment of rent was granted even when the landlord had re-entered peacefully.…
Division and case type: CivilCivil Case
…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…
Division and case type: CivilCivil Case
…There are no pleas in the defence that would enable the Court to grant such relief. The plaintiff has asked for summary judgment on his claim.…
Division and case type: Milimani Commercial CourtsCivil Case
…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…
Division and case type: CivilCivil Case
…In the instant case the plaintiffs’ main relief is for a declaration that the first suit is null and void.…
Division and case type: CivilCivil Case
…The plaintiffs are entailed to the relief they seek. The defendants have in addition filed a counterclaim repeated the contents of the defence and claiming damages.…
Division and case type: CivilCivil Case
…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…
Division and case type: CivilCivil Case
…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…
Division and case type: CivilCivil Case
…Having said all that, the question I should now answer is whether the Plaintiff is entitled to relied as sought or any relief. In the case of Rift Valley Textile Limited V.…
Division and case type: CivilCivil Case
…In any case a party cannot raise the plea of “unconscionable” act or conduct as a ground for seeking relief or adjusting any contract which shows, as Lord Radcliffe put it is the case, Bridge –vCampbell Discount Co.…
Division and case type: CivilCivil Case
…It seems to me that the plaintiffs have no other relief. On the other hand, the defendant had taken a professional indemnity policy and a suit in pending.…