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…By doing so I believe I am satisfying 3 of Mr Munenes claims which he categorized as follows:- (1) Unlawful acquisition of LR 219/16 (2) Trespass (3) Breach of an agreement to offer to exchange land for Land Acquired.…

…Particulars of this claim which is alleged to have arisen from the unlawful refusal or neglect of the defendants to approve of the plaintiffs development plans for the said plot, are set out in Paragraph 10 of the Amended…

…As stated in Constitutional and Administrative Law, ECS Wade and AW Bradley, (10th Edn, 1985 pp 660 - 661): “An injunction may be claimed against a public authority or official, to restrain unlawful acts which are threatened…

…or are being threatened, for example to restrain unlawful interference with private rights or to restrain ultra vires action such as improper expenditure of local funds”.…

…He mentions that he had made a lawful arrest and it was necessary to first establish that his initial arrest of the complainant and his companion was unlawful or baseless.…

…It was therefore wrong to charge him with the offence of unlawful confinement as the charges which he had preferred against the complainant were not pursued or investigated.…

…Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me that I had the option to reduce that sentence, the sentences the two had in mind were unlawful…

…The trial magistrate having imposed an unlawful sentence of four years imprisonment with hard labour plus three strokes of the cane, I am entitled to alter that sentence to impose a lawful sentence and since the lawful sentence…

…As a result the plaintiff suffered unlawful imprisonment with mental torture and physical suffering for one full year – after serving the lawful imprisonment period.…

…In the case of AttorneyGeneralvsOluoch [1972] EA 392, claims of damages were brought against two police officers and two magistrates for unlawful confinement and false imprisonment.…

…Buch) charged with the offence of “being a member of unlawful society contrary to section 6(a) of the Societies Act.”…

…reasonable cause to believe that the said Mwakenya was unlawful society.…

…In my ruling aforesaid, I found that the distress was unlawful and that possession was equally unlawful. I believe I was right. However, the applicant has an undoubted right of appeal. This is not the last court.…

…By a plaint filed on 9th July, 1987 the plaintiffs pray for the reliefs set out afore and add a prayer for damages for unlawful sale and purported disposal of the plaintiffs’ property.…

…Further still, if the sale was unlawful the plaintiffs pray for damages arising thereunder.…

…MOMBASA CIVIL CASE NO 706 OF 1992 DIONYSIUS OMAMBIA ONYINKWA...................PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully…

…Interlocutory judgment was entered for the plaintiff for a declaration that the seizure and impounding of the plaintiff’s motor vehicle registration No KUT 264 by the defendant was unlawful and without due process.…

…The result is that the defendant is regarded to have admitted it wrongfully, unlawfully and without due process of the law impounded the plaintiff’s motor vehicle from a parking lot in the city.…

…The plaintiffs who were not only members of the Chamber but also of the Governing Council, claim in their plaint that they were unlawfully expelled from the Chamber by its Governing Council at its meeting held on 16.2.90…

…In the alternative, the plaintiffs sought damages for their unlawful expulsion.…

…In the suit he claimed general damages, costs of the suit and such other relief the honourable Court may deem fit to grant after complaining in vain that the defendant had unlawfully terminated the hire purchase agreement…

…Nevertheless, by the time this vehicle was re-possessed the plaintiff had paid up to 215,884.10 and according to him he had as less as 70,000/- to pay which if this unlawful repossession had not occurred he could have completed…

…She contends that her employment was unlawful and in breach of her contract of service with the Defendant. She further contends that the Defendant defamed her in various notes and memoranda addressed to her.…

…From what I have outlined above, I hold the view that what the Defendant did was arbitrary and unlawful.…

…S. 339(1) Penal Code under which the appellant was charged reads in pertinent parts: “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence.…

…The law requires that destruction of the property must be willful and unlawful.…

…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…

…On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).…

…264; Freem KB 137; 30 digest 501, 1594), according to which “A dispensation or licence property passeth no interest, nor alters or transfers property in anything but only makes an action lawful which without it had been unlawful…

…In the result I dismiss prayer ‘c’ of the plaint in respect of the alleged “unlawful premature termination of the agreement” with costs. Delivered this 6th day of April, 1989, RAUF JUDGE…

…As the termination of Plaintiff’s services from 30.12.83 was unlawful and he was reinstated on 1.1.86, the Defendant Corporation was bound to pay to him his salary, allowances and other benefits for these two (2) years and…

…It will have been gathered from the foregoing, that Mr Muthike (the Plaintiff) had been employed by the Defendant Corporation as a Senior Administration Officer until 31st December, 1983 when the Defendant Corporation unlawfully…

…However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.…