Search court decisions

…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.…

…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 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.…

…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.…

…It was not a frivolous suit, and he was able to get temporary relief.…

…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…

…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.…

…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.…

…limitation of time by statute and further that the 1st defendant repudiated it on 16th August, 1984; that the suit land was subject to Land Control Board’s consent which was not granted within the prescribed time and; that the relief…

…the plaint that it is not the second defendant which entered into contract with the plaintiffs but the first defendant it is averred in para 5 that the first defendant was contracted by the second defendant to transport relief…

…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…

…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.…

…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…

…Njangu’s case show that in order to sustain a plea of res judicata, it is necessary to show: (a) that everything that is directly and substantially in controversy in the subsequent suit as the foundation of the claim for relief…

…purely by statute and that on the authority of Barraclough v Brown & others, [1897] AC p 615, where a right is given by statute and means to enforce are or redress are given by statute one must use this means to get the relief…

…Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules. The application makes the following prayers. 1.…

…In the instant case the plaintiffs’ main relief is for a declaration that the first suit is null and void.…

…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.…

…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…