Case law
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Division and case type: Constitutional and Human RightsPetition
…By a Petition presented on 31st August, 1989 Fitzval Remedios Santana De Souza (herein after called the Applicant) has prayed for certain reliefs under Section 211 of the Companies Act and alternatively that the Company namely…
Division and case type: Environment and Land CourtPetition
…Relying on the case of Patrick Musimba -vs- National Land Commission & 4 Others, Counsel submitted that the Petitioner is entitled to the relief sought.…
…Whether the Petitioner is entitled to the relief sought.…
Division and case type: Environment and Land CourtPetition
…Mwerua/Kagio/3 undertaken on 4th November 1985 and sought declaratory and injunctive reliefs similar to those sought in the present Petition.…
…Whether the Petitioner is entitled to the constitutional and other reliefs sought. e. Who pays the costs? 18.…
Division and case type: Environment and Land CourtPetition
…In this motion, they seek the following reliefs: - Spent. Spent. Spent.…
…That such further or other relief and orders be granted as the court deems just and expedient. That the costs of the application be provided for.…
Division and case type: Environment and Land CourtPetition
…carry out their actions publicly, fairly, openly and observe the public participation value/principle. iv)An order for compensation to the petitioner for the violations of the petitioner’s constitutional rights. v)Any other relief…
…illegally and arbitrary in planning to open a road through its school, MGSS without affording it public participation thereby violating its right to fair administrative action, the petitioner urges this court to grant the reliefs…
Division and case type: Environment and Land CourtPetition
…The 1st Respondent submits that the reliefs sought in the petition can only be granted if fraud has been proven.…
…The petition, which seeks prerogative orders and civil reliefs, is incompetent and does not comply with how the court should have been moved in a proper constitutional petition. 10.…
Division and case type: Environment and Land CourtPetition
…That such actions will render the intended appeal nugatory, defeat the core reliefs sought, including the restoration of the land as a public access lane and occasion irreparable harm to the petitioners and the public, which…
…The outcome of that Judgment cannot by any means be interpreted to amount to a denial, violation, threat or infringement of the Applicant's rights or fundamental freedoms to entitle such Applicants to obtain relief by way…
Division and case type: Environment and Land CourtPetition
…The Petitioner therefore sought the following reliefs: Declaration of violation of petitioner’s rights by the respondent.…
…He relied on the case of Ravaspaul Kyalo Mutisya v National Land Commission [2022] eKLR and urged the court to grant him the reliefs sought.…
Division and case type: Environment and Land CourtPetition
…out their actions publicly, fairly, openly and observing the public participation value/principle. iv)An order for compensation to the petitioner for the violations of the petitioner’s constitutional rights. v)Any other relief…
…planning to open a road through their school, Mogotio Girls High School without affording them public participation thereby violating their right to fair administrative action, the petitioners urge this court to grant them the reliefs…
Division and case type: Environment and Land CourtPetition
…The Petitioners filed a constitutional petition dated 2nd May, 2019 in which they sought the following reliefs: a. A declaration that 2nd Respondent’s acts are ultra vires by his wrongful: i. …
…The 1st and 2nd Respondents filed a cross petition dated 22nd July, 2019 in which they sought the following reliefs: i. A declaration that the 1st Respondent is the sole and registered owner of land parcel No.…
Division and case type: GeneralUnclassified
…We see some merit in the first ground, but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory…
Division and case type: Environment and Land CourtPetition
…The Petitioners do not have any demonstrable legal or beneficial title to the said property known as Magogoni village and accordingly the petitioners have no locus standi to institute any suit seeking any relief in connection…
…demonstrated to have breached the Constitution to warrant issuance of the reliefs sought.…
Division and case type: GeneralUnclassified
…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…
Division and case type: Environment and Land CourtPetition
…Any other relief that this Court may deem fit. The basis of those prayers is the Petitioner’s contention that it is the registered proprietor of the suit property situated at Kibarani within Mombasa County.…
…out the exceptions to the doctrine of Constitutional avoidance as hereunder: Where the constitutional violation is so clear and of direct relevance to the matter; In the absence of an apparent alternative form of ordinary relief…
Division and case type: Environment and Land CourtPetition
…The petitioner therefore sought the following reliefs: a) A declaration that the petitioner’s fundamental rights and freedoms as enshrined under Articles 40, 47, 48, and 60 of the Constitution of Kenya 2010 have been contravened…
…acting under them, from entering onto, trespassing, encroaching, or in any way interfering with the petitioner’s property rights, including the right to quiet possession and enjoyment of the suit property. d) Any other reliefs…
Division and case type: Environment and Land CourtPetition
…LMU/1281/16 for 1707 Ha, were fraudulent, irregular, and/or unlawful; whether the Petitioners are entitled to the reliefs sought in their amended petition dated January 6, 2025; and what reliefs the court may grant to the…
…The manner of such infringement is also described, and the reliefs sought are clearly outlined.…
Division and case type: Environment and Land CourtPetition
…They therefore sought for the following relief; a conservatory order barring the Respondents from in any manner further interfering with the Petitioners’ quiet possession of land parcel No.…
…Costs of the suit Any other relief the court deems fit to award. The 4th and 5th Defendants filed a defence dated 8th March 2022 denying the plaintiff’s (5th Respondent’s) claim.…
Division and case type: Environment and Land CourtPetition
…Whether the Petitioner has established any violation of constitutional rights warranting the reliefs sought. 4. What orders should issue. The starting point is jurisdiction.…
…Appeal in Mumo Matemu v Trusted Society of Human Rights Alliance & 5 Others [2013] eKLR, the courts held that a petitioner must identify the constitutional provisions allegedly violated, the manner of violation and the relief…
Division and case type: Environment and Land CourtPetition
…Whether the Petitioners are entitled to the reliefs sought.…
…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…
Division and case type: Environment and Land CourtPetition
…Section 152E is on Eviction Notice to unlawful occupiers of private land while 152F is on application to court for relief and is to the effect that any person or persons served with a notice in terms of sections 152E may…
…apply to court for relief against the notice.…