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…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.…

…(e) Such further of other relief as to this Honourable Court shall seem appropriate. Alternatively 2.…

…that person or to seek relief which might affect him.”…

…This is rule 1 of order 36 which so far as it is relevant, provides that: "... any person claiming to be interested in the relief sought as ... heir ... of a deceased person ... may take out ... an Originating Summons ...…

…for such relief of the nature or kind following, as may by the summons be specified and the circumstances of the case may require, that is to say, the determination ... of any of the following questions: (a) any question…

…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.…

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

…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.…

…Being an equitable remedy, the court has to consider all the circumstances including the conduct of the parties and whether in all the circumstances an applicant is entitled to equitable relief. 2.…

…Being an equitable remedy, the Court has to consider all the circumstances including the conduct of the parties and whether in all the circumstances an applicant is entitled to equitable relief.…

…The applicant also applied for leave to amend its statement which inter alia set out the relief sought and the grounds upon which the said relief was sought.…

…In its amended statement referred to earlier in this ruling, amongst the grounds upon which the applicant sought relief from this court were that: (a)"The Registrar of Trade Unions was bound to consider the application of…

…The learned judge further found that the appellant had not gone to court with clean hands and had not shown good faith to entitle him to the relief sought.…

…The learned judge further found that the appellant had not gone to court with clean hands and had not shown good faith to entitle him to the relief sought.…

…It is therefore with relief that I do not have to deal with the certificate of delay. 2.If a clerk is fraudulent and conceals his dealings with a client there is not much a senior partner can do until the fraud is discovered…

…Finally, it was urged that the respondents did not come to Court with clean hands and this was not a case in which an equitable relief of specific performance should have been granted. We are unable to agree.…

…Taking all the circumstances of the case into account we find that the relief granted was justified and we see no reason to interfere.…

…Indeed the Respondent has filed a counterclaim in which he hopes to address his grievances and obtain appropriate 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.…

…On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs: "(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for…

…In particular, mistake or misunderstanding of the appellant's legal advisers, even though negligent, may be accepted as a proper ground for granting relief, but whether it will be so accepted must depend on the facts of the…

…In particular, mistake or misunderstanding of the appellant’s legal advisers, even though negligent, may be accepted as a proper ground for granting relief, but whether it will be so accepted must depend on the facts of the…

…But even then in the Shabir case it was held that: “the mistake or misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under order IX rule 20 ..…

…In Re Crowhurst park a tenancy was held in trust for a company by deceased, and his widow applied for certain reliefs under the Landlord and Tenant Act, 1954, and also executed a deed under section 36(1) of the Trustee Act…

…in the United Kingdom (although she had done so in Jersey, where the deceased had died), whether or not there was any objection by the other side, meant that she could not produce her title so as to obtain the required relief…

…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.…

…in which the Court of Appeal, basing itself very largely on the much earlier case of Re Cuthbert Cooper & Sons Ltd [1937] 2 All ER 466, held that the petition would be an abuse of the process of the court and was not a relief…

…Subsection (2) pre-suppose that this relief is available to the petitioner or petitioners both in the form of a winding up and by some other means.…