Case law
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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: 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: CivilCivil Suit
…Delay, acquiescence, unclean hands and other matters that go to the exercise of an equitable discretion have to be considered if it is averred that the applicant is undeserving of equitable relief.…
…And as I am not in doubt about the Plaintiff’s failure to satisfy the very first necessary condition for the grant of interlocutory injunctive relief, I need not trouble myself with weighing the balance of convenience.…
Division and case type: CivilCivil Suit
…blames the defendant for failing to refer the matter to arbitration and claims that he was forced to come to court by reason of lack of any provision in the agreement between the parties of procedures for dealing with the reliefs…
…That the law clearly allows the plaintiff to apply to court for the type of relief he is seeking in the suit cannot in my view be gainsaid.…
Division and case type: CivilCivil Suit
…Indeed the Respondent has filed a counterclaim in which he hopes to address his grievances and obtain appropriate relief.…
Division and case type: CivilCivil Suit
…In the suit he claimed general damages, costs of the suit and such other relief the honourable Court may deem fit to grant after complaining in vain that the defendant had unlawfully terminated the hire purchase agreement…
…Later the plaintiff filed an amended plaint in which he still claimed for general damages, costs of the suit and any other relief which court may deem necessary to grant.…
Division and case type: CivilCivil Suit
…In the premises I find the plaintiff/applicant has made out a case and I grant him the relief sought by striking out the defence filed herein by the defendant and the plaintiff be and is hereby given liberty to proceed by…
Division and case type: CivilCivil Suit
…As a general rule, relief not founded on the pleadings will not be given: Gandy v Caspar Air Charters Ltd (1956) 23 EACA 139 (CA-K) and there were no other correct particulars of the claim given with reasonable accuracy to…
Division and case type: Environment and LandCivil Suit
…In it Edwin Asava Majani, Engineer Geoffrey Gathuri Njorohio, Geoffrey Kiugu Gakure as first, 2nd and 3rd plaintiffs respectively have sued Telkom Kenya Ltd, seeking various reliefs as set out in the plaint.…
…Denied that the Plaintiffs are entitled to the reliefs sought. They prayed for the suit against them to be dismissed with costs.…