Judgment[2012] KEHC 706
Case law
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Division and case type: Constitutional and Human RightsConstitutional Petition
…Article 165 (3) (b) and 5 (b) of the the Constitution demarcates the High Court's jurisdiction on enforcement of the Bill of Rights and excludes the jurisdiction inrespect of matters falling within the jurisdiction of the…
…The object of the examination is to discover the true subject matter of the court proceedings to identify it either as a land matter or a constitutional matter for the enforcement of the Bill of Rights.…
Division and case type: CivilCivil Case
…It is clear then that the client is using the process of criminal law to enforce payment to him by his advocate of the funds paid to the advocate in settlement of the clients case.…
…In the case of Kigoroglo v Ruesherika [1969] EA 426 the Court said: “Where a remedy is elsewhere provided and available to a person to enforce an order to a criminal court in his favour I see no valid reason why he should…
Division and case type: CivilCivil Appli
…KARUGA & ANOTHER 1982-88 IKAR 1018-,there Hancox J.A. said:- "I accept the proposition that if it isshown that execution or enforcement wouldrender a proposed appeal nugatory then astay can properly be given.…
Division and case type: CivilCivil Case
…Difficulties or impossibility of enforcing the injunction may weigh heavily against it, and it will be refused where compliance with it will require the supervision of the Court, or where it involves perpetual or indefinite…
…A Court cannot stultify itself by entertaining matters in which the relief claimed cannot be enforced, or if the injunction will be ineffective for practical purpose, or be defeated by some other lawful arrangement.…