Case law
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Division and case type: CivilCivil Suit
…XVI rule 5, make provision for the same remedy he did not think there was any conflict. The two orders merely provide different grounds for the remedy, he said.…
Division and case type: CivilCivil Case
…strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained provisions regarding the duration …” It goes on to prescribe the remedies…
…In this case the plaintiff is not entitled to any remedy because there was no breach on the part of the defendant, even if those remedies were available to it under the law.…
Division and case type: CivilCivil Case
…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…
…were not entitled to increase rent for the suit flat or to evict her without the consent of the Tribunal, it was not open to her to institute other proceedings before this court praying for more or less precisely the same remedies…
Division and case type: CivilCivil Case
…To this instance I find that the plaintiff have no remedy in applying for an injunction. The City Council of Nairobi is a local authority and like the Government no injunction may lie against it and its officers.…
…The remedy would be with an application by way of a judicial review.…
Division and case type: CivilCivil Case
…I think that it is settled law that an applicant seekingan equitable remedy of injunction, must come to court with cleanhands.…
…Where in a suit filed by several Plaintiffs all seekingan equitable remedy, it is shown as in this case, that one of themis acting maliciously in the case in furtherance of other interestsnot disclosed in their joint Plaint…
Division and case type: CivilCivil Case
…However it should not be lost sight of the fact that the innocent party has remedies against the guilty party to which he may have recourse.…
Division and case type: CivilCivil Case
…The remedy of temporary injunction is not declartory of the law .…
…The applicant to succeed must persuade the Court of the inadequacy of other remedies. If other remedies are adequate, no injunction. If they are inadequate, then the Court considers discretionary factors.…
Division and case type: CivilMiscellaneous Application
…Both Mr Onyancha and Kathungu submitted that the remedy of CERTIORARI was not available because the applicant had an alternative remedy - to appeal to the Provincial Land Control Appeals Board and that he also had filed a…
…The Court of Appeal IN CIVIL APPEAL NO. 265 of 1997 (Supra) has held that the existence of an alternative remedy is no bar to the granting of an order of certiorari.…
Division and case type: CivilCivil Case
…The remedies that the plaintiff has sought are equitable. Equity demands that he who comes to court must come with clean hands.…
…On the other hand, if the plaintiff is eventually able to establish his case against the second defendant or any other defendant, his remedy will be in damages.…
Division and case type: CivilCivil Case
…the employer is entitled to appoint a sub-contractor and obliges the contractor to accept such a sub-contractor, the employer should be responsible for any misdeeds of such a sub-contractor and should be subject to same remedies…
Division and case type: CivilCivil Appeal
…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…
Division and case type: CivilCivil Appeal
…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…
Division and case type: CivilCivil Appeal
…The Petitioners did not therefore serve the 1st Respondent and they did not exhaust all the available remedies before ling this petition.…