Case law
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Division and case type: CivilCivil Case
…satisfied that there remained an inherent power to set aside the dismisals if the requirements of justice so demanded the exercise of that power, as for instance of limited rendered the prescribed remedy futile.…
…Mr Inamdar, with his usual clarity of expression and persuasiveness, has cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation…
Division and case type: CivilCivil Appeal
…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…
…Khanna that the appeal cannot be heard without the tribunal record but I do not agree with him that this court has no powers to do anything in the matter and that it should send the Appellant away without remedy.…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
Division and case type: CivilCivil Appeal
…The plaintiff can pursue his remedies on contract of employment. The period of limitation in respect of cause of action founded on contract had not expired when this suit was filed. The plea of limitation fails.…
…It does not divest any person of rights recognized by law; it limits the period within which a person can obtain a remedy from the courts for infringement of them.…
Division and case type: CivilCivil Appeal
…In Woodfall on Landlod and Tenant 26th edition vol. 1 at page 568 paragraph 1344 under the remedy for “unreasonable refusal to consent”, there is this: “The lessor must be given a reasonable time during which he can consider…
Division and case type: CivilCivil Appeal
…This court was not asked to remedy the deficiency. When it came to the sum of Kshs 450,000 for pain, suffering loss of amenities it is clear that it is excessive and must be reduced.…
Division and case type: CivilCivil Appeal
…He then observed: “The plainti is seeking an equitable remedy form the court and one of the vital documents upon which he relies does not comply with the requirements of the laws of Kenya.…