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…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.…

…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…

…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other 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.…

…I would give relief that is just in the circumstances of this case at shs. 100,000/- together with interest at court rates from today’s date.”…

…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…

…Njangu’s case show that in order to sustain a plea of res judicata, it is necessary to show: (a) that everything that is directly and substantially in controversy in the subsequent suit as the foundation of the claim for relief…

…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…

…purely by statute and that on the authority of Barraclough v Brown & others, [1897] AC p 615, where a right is given by statute and means to enforce are or redress are given by statute one must use this means to get the relief…

…Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules. The application makes the following prayers. 1.…

…In the instant case the plaintiffs’ main relief is for a declaration that the first suit is null and void.…

…this appeal, filed a suit in the court of the Principal Magistrate, Milimani Commercial Courts Nairobi to claim from the defendant – now appellant, a sum of Kshs.148,260/= plus costs of the suit and interest and any other relief…

…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…

…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…

…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 ..…

…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.…

…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…

…The arguments put forward in support of the objection were that the applicants had no locus standi since they had not shown that they had sufficient interest in seeking the relief they were seeking; that since what they claimed…

…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…