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…MOMBASA CIVIL CASE NO 706 OF 1992 DIONYSIUS OMAMBIA ONYINKWA...................PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully…

…It is deponed that the applicants staged a strike in the college, incited other students to join the unlawful strike and so undermined the college authority.…

…And that on the same date, the applicants staged an unlawful strike and that as a result the terminal examinations for the first and second year students had to be postponed.…

…Mr Chung, the DPP contended that the separate unlawful acts of the appellant are so inter-related as to constitute a continuous taking.…

…The appellant asserted that the threatened eviction against him was unlawful since he went into possession of the suit premises pursuant to an agreement of sale and not otherwise and had all along been ready and willing to…

…The appellant asserted that the threatened eviction against him was unlawful since he went into possession of the suit premises pursuant to an agreement of sale and not otherwise and had all along been ready and willing to…

…As the termination of Plaintiff’s services from 30.12.83 was unlawful and he was reinstated on 1.1.86, the Defendant Corporation was bound to pay to him his salary, allowances and other benefits for these two (2) years and…

…It will have been gathered from the foregoing, that Mr Muthike (the Plaintiff) had been employed by the Defendant Corporation as a Senior Administration Officer until 31st December, 1983 when the Defendant Corporation unlawfully…

…only begetter of this result because had it dismissed Oloo for refusing a transfer in 1977 to Kakamega, at the same rank and salary, and so forth, and he was aggrieved, then he would have had to litigate for damages for unlawful…

…dismissal and to prove it was unlawful, producing the documents about the health of his daughter, and his own, and the need to be right here in Nairobi next door to their irreplaceable medical experts, and then, by the time…

…Dr Odhiambo Olel (the appellant), who is a doctor of medicine and was at the time of his arrest employed by the Kisumu municipality, was taken before the Chief Magistrate charged with the offence of being a member of an unlawful…

…The particulars of the offence alleged that between 1977 and 20th March, 1987, the appellant was a member of an unlawful society called “Mwakenya”.…

…Her case is that she is the lawful wife of the 1st Defendant under Taita Customary Law, that the intended marriage between the defendants is unlawful, illegal and void as being contrary to the provisions of the Marriage Act…

…In the 1995 suit, he held similarly, that the respondent had the onus to prove that the distress was unlawful, that there was no relationship of landlord and tenant, that he was occupying the suit property as beneficial owner…

…thereof and that he had suffered loss and damage by unlawful distress.…

…There was no justification for the assault and the same was unlawful. The court therefore holds that the two plaintiffs were unlawfully assaulted by the first two defendants and they are therefore liable in damages.…

…Court of Tanzania in Mwakapesile v Republic [1965] EA 407 with which we respectively agree in which it was held that where there is a single complex of offences connected in kind and time it is undesirable although not unlawful…

…If at the time of making the contract there is and intent to perform it in an unlawful way, the contract, although it remains alive, is unenforceable at the suit of the party having that intent; if the intent is held in common…

…remains in possession of the land after the expiration or other lawful determination of the lease, the council may serve on the lessee a notice specifying the rent in arrear, or the covenant or condition broken, or the unlawful…

…remains in possession of the land after the expiration or other lawful determination of the licence, the Council must serve on the licensee a notice specifying the fees or royalties in arrears, or the condition broken, or the unlawful…

…He deponed that if any building approvals were obtained from inter alia the 4th Respondent, it was done unlawfully, improperly and irregularly since the 3rd Respondent who purports to from the rights of the 1st and 2nd Respondents…

…Counsel further noted that the 3rd Respondent had admitted to undertaking the construction works on the suit property without rst obtaining the development permissions, which is unlawful under the Act and constitutes a crime…

…He deponed that if any building approvals were obtained from inter alia the 4th Respondent, it was done unlawfully, improperly and irregularly since the 3rd Respondent who purports to from the rights of the 1st and 2nd Respondents…

…Counsel further noted that the 3rd Respondent had admitted to undertaking the construction works on the suit property without rst obtaining the development permissions, which is unlawful under the Act and constitutes a crime…

…The urging and submission on the last ground of appeal was that the sentence is unlawful.…

…(iii) The Applicant has paid all lawful levies, taxes and charges in respect of the sugar consignment and the Respondent’s refusal to release the consignment to the applicant is therefore unlawful, capricious, oppressive,…

…Fred Ngatia, which advise I verily believe to be true and correct, that the Respondent’s said detention of the Applicant’s sugar cargo is in contempt of court and unlawful for the following reasons: - i.…

…Commonintention is when two or more persons form a common intention toprosecute an unlawful purpose in conjunction with one another andin the prosecution of such purpose an offence is committed of suchnature that its commission…