Case law
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Division and case type: CivilCivil Case
…I cannot say whether if a court were satisfied that a breach of the Union’s rules had occurred, it would grant a remedy if any.…
…In view of this observation I would be doubtful if a court of law would want to give a remedy which could be reversed by the Union soon thereafter. Its labour would have been in vain.…
Division and case type: CivilCivil Case
…To this instance I find that the plaintiff have no remedy in applying for an injunction. The City Council of Nairobi is a local authority and like the Government no injunction may lie against it and its officers.…
…The remedy would be with an application by way of a judicial review.…
Division and case type: Milimani Commercial CourtsCivil Case
…(c) The Plaintiff’s suit will rendered nugatory if no orders are granted as the 1st Defendant is domiciled overseas and damages will not be an adequate remedy.…
…He further submitted that there was no wrongdoing, contractually or in tort, against the 3rd Defendant for which the remedy sought has been prayed for.…
Division and case type: Milimani Commercial CourtsCivil Case
…I remind myself that an injunction is a great and beneficial equitable remedy.…
…interlocutory injunctive relief will be available only to either those with demonstrable legal or equitable rights in danger of violation or which have actually been violated in situations where damages would be an inadequate remedy…
Division and case type: CivilCivil Case
…strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained provisions regarding the duration …” It goes on to prescribe the remedies…
…In this case the plaintiff is not entitled to any remedy because there was no breach on the part of the defendant, even if those remedies were available to it under the law.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is based on the grounds that the plaintiff has failed to prosecute its suit within reasonable time after obtaining the injunction; that the plaintiff is enjoying an equitable remedy whilst it is not displaying…
Division and case type: Milimani Commercial CourtsCivil Case
…For sometime now, the courts have held that a dispute as to how much is payable in respect of the principal sum or interest cannot avail a litigant in the plaintiff’s position the remedy of an injunction.…
Division and case type: CivilCivil Case
…The inability of a defendant to pay damages would not of itself be sufficient ground for holding that the plaintiffs remedy might be illusionary or might be irreparable.…
…The defendants’ counsels have urged before me that the remedy of injunction is no longer available to the plaintiff because the shares forming the subject of the suit have, prior to the commencement of the suit, been transferred…
Division and case type: CivilCivil Case
…All he does is to say that the claim as stated does not afford the Plaintiff any remedy in law (see generally Mukisa Biscuit Manufacturing Co., Ltd V.…
Division and case type: Milimani Commercial CourtsCivil Case
…This type of semi forcible dispossession is not a new thing in Kenya and the Court have found a remedy for it.…
Division and case type: CivilCivil Case
…This type of semi forcible dispossession is not a new thing in Kenya and the Court have found a remedy for it.…
Division and case type: CivilCivil Case
…All the Court of Appeal was saying is that if the driver is notmade a co-defendant and the court finds that the owner is not vicariouslyliable, then the injured party is left with no remedy because he cannot get aremedy from…
Division and case type: CivilCivil Case
…It has not been so set aside and I think an application seeking this remedy would have little success.…
Division and case type: CivilCivil Case
…The remedies that the plaintiff has sought are equitable. Equity demands that he who comes to court must come with clean hands.…
…On the other hand, if the plaintiff is eventually able to establish his case against the second defendant or any other defendant, his remedy will be in damages.…
Division and case type: CivilCivil Case
…In such a case he thought the plaintiff’s remedy was apply to the High Court for further and better particulars of the grounds for the detention.…
…Since the object is to enable the detainee to know what is being alleged against him the remedy of the detainee is to seek further and better particulars.…
Division and case type: CivilCivil Case
…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…
Division and case type: CivilCivil Case
…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…
Division and case type: CivilCivil Case
…Damages would therefore be an adequate remedy. I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…
Division and case type: CivilCivil Case
…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…
Division and case type: CivilCivil Case
…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…