Search court decisions

…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…

…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…

…That is another way of saying, that Ayub’s true role in the suit in view of the reliefs which his children, the appellants sought, was that of a plainti.…

…In real truth, he desired the same relief that his children – the two appellants, sought namely, to subdivide plot 196 so he can give portion to the appellants.…

…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…

…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.…

…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…