Case law
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Division and case type: CivilCivil Case
…Having said all that, the question I should now answer is whether the Plaintiff is entitled to relied as sought or any relief. In the case of Rift Valley Textile Limited V.…
Division and case type: CivilCivil Case
…The provisions state: “Where, in the case of an action for which a period of limitation is prescribed, either:- (b) The right of action is concealed by the fraud of any such person as aforesaid; or (c) the action is for relief…
Division and case type: CivilCivil Appeal
…in form and cannot found a basis for granting the Orders prayed for. v) To the extent that the Applicant has blatantly misrepresented the facts and the law to this Honourable Court, the Applicant is not entitled to the reliefs…
…The application for leave which was ex parte……………………….. had to be supported by a statement setting out, inter alia, the grounds on which the relief was sought and by affidavits verifying the facts relied on: So that a knowingly…
Division and case type: CivilCivil Appeal
…the sub-contract and that no evidence had been produced to sustain the alleged custom and concluded: “Accordingly, I am satisfied that there is no defence to the plaintiff’s claim and that the plaintiff is entitled to the relief…
Division and case type: CivilCivil Appeal
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…
…The relief for mandamus will obviously not lie against the defendants.…
Division and case type: CivilCivil Case
…In any case a party cannot raise the plea of “unconscionable” act or conduct as a ground for seeking relief or adjusting any contract which shows, as Lord Radcliffe put it is the case, Bridge –vCampbell Discount Co.…
Division and case type: CivilCivil Appeal
…powers even (in special circumstances) to allow an amendment adding or substituting a new cause of action if the same arises out of the same facts or substantially the same facts as a cause of action in respect of which relief…
Division and case type: CivilCivil Appeal
…These are not sufficient to amount to cruelty in ordinary circumstances, though if carried to a point which threatens the health of the other spouse the law will not hesitate to give relief.…
Division and case type: CivilCivil Appeal
…falls within the limits of that court’s civil jurisdiction, and to the High Court if it does not (2) Upon proof of the facts alleged in a notice served under subsection (1) of this section, the court shall, subject to any relief…
Division and case type: CivilCivil Case
…on the merits of the case at the full hearing; secondly, the Court will ordinarily consider whether there is a threat of irreparable harm; and thirdly, whether harm to the respondent would outweigh the need for temporary relief…
…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.…
Division and case type: CivilCivil Appeal
…As a result of which, states the plaintiff, it suffered loss and damage entitling it to the various reliefs set out in the two plaints against the defendants.…
…not satisfied that there is any machinery under Spanish Law to protect Evans Marshall’s position meanwhile.Indeed, it is the evidence on behalf of the defendants here that the Spanish Court would grant no interlocutory relief…
Division and case type: CivilCivil Appeal
…Finally, by way of other relief, he gave the respondent company leave to execute the decree before taxation of the note of costs.…
Division and case type: CivilCivil Appeal
…The plaintiff in his original plaint which was subsequently amended, had sued the 1st to the 4th defendants seeking among other reliefs, injunctions to restrain the 2nd and 3rd defendants from meddling in the running of the…
…he was not made a party to the present suit, and the plaintiff had not appealed against the issuance of Special Mining Lease No 19 of 1991 as provided for by the Mining Act, the plaintiff was disentitled from seeking any relief…
Division and case type: CivilCivil Appeal
…part of the learned judge’s judgment, in which he held that because of the defect in the registration of the attorney, which was the foundation of the agreement of March 3, the plainti/appellant was disentitled to any relief…
Division and case type: CivilCivil Appeal
…The appellant then sought, besides the costs of the suit and any other or better relief which the superior court may have deemed t and just to grant, the following specic reliefs: An injunction restraining the defendant…
Division and case type: CivilCivil Case
…It seems to me that the plaintiffs have no other relief. On the other hand, the defendant had taken a professional indemnity policy and a suit in pending.…