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…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…

…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.…

…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.…

…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.…

…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…

…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.…

…There is a burden on the applicant for security to show cause why the relief should be granted. Cases No cases referred to. Statutes 1. Civil Procedure Rules (cap 21) sub leg order XXV rule 1 2.…

…As I see it there is a burden on the applicant for security to show cause why the relief should be granted.…

…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…

…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.…

…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…

…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.…

…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…

…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.…

…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…

…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.…

…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.…

…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…

…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…

…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.…