Case law
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Division and case type: Milimani Commercial CourtsCivil Suit
…Plaintiffs counsel said the application is mischievous and is an abuse of the court process for it seeks to deny the plaintiff remedy against the other defendants.…
…He in particular said that the remedy he has against the 3rd and 4th defendants is for recovery of judgment entered in default against those defendants.…
Division and case type: Milimani Commercial CourtsCivil Case
…(c) The Plaintiff’s suit will rendered nugatory if no orders are granted as the 1st Defendant is domiciled overseas and damages will not be an adequate remedy.…
…He further submitted that there was no wrongdoing, contractually or in tort, against the 3rd Defendant for which the remedy sought has been prayed for.…
Division and case type: Milimani Commercial CourtsCivil Case
…I remind myself that an injunction is a great and beneficial equitable remedy.…
…interlocutory injunctive relief will be available only to either those with demonstrable legal or equitable rights in danger of violation or which have actually been violated in situations where damages would be an inadequate remedy…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is based on the grounds that the plaintiff has failed to prosecute its suit within reasonable time after obtaining the injunction; that the plaintiff is enjoying an equitable remedy whilst it is not displaying…
Division and case type: Milimani Commercial CourtsCivil Case
…For sometime now, the courts have held that a dispute as to how much is payable in respect of the principal sum or interest cannot avail a litigant in the plaintiff’s position the remedy of an injunction.…
Division and case type: Milimani Commercial CourtsCivil Case
…If the appeal succeeded, the order to be made would automatically render the proceedings in the High Court unnecessary but an appropriate order for costs would remedy that.…
…continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may make an appropriate order for costs to remedy…
Division and case type: Milimani Commercial CourtsCivil Case
…If the appeal succeeded, the order to be made would automatically render the proceedings in the High Court unnecessary but an appropriate order for costs would remedy that.…
…continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may make an appropriate order for costs to remedy…
Division and case type: Constitutional and Human RightsPetition
…support of this contention, he referred the court to the cases of Charles Forta Investments vs Amanda (1963) 2 All ER 940, Re: A Company (1894) 2 Ch. 349 and WC 57 of 1987 in which it was stated that petition is not a proper remedy…
Division and case type: Milimani Commercial CourtsCivil Case
…This type of semi forcible dispossession is not a new thing in Kenya and the Court have found a remedy for it.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…To remit the maintenance of constitutional right to the regaining judicial discretions is to shift the foundation of freedom from Rock to sand…” In principle the petitioner had exhausted his right of appeal remedy by challenging…
…(k). where the petitioner has opted to pursue other available remedies, the outcome of such avenue and (l). the representation of the victim where applicable. (2).…
Division and case type: Constitutional and Human RightsElection Petition
…When the Speaker made the ruling the subject of this petition, he was acting within the standing orders and the privilege accorded to him is absolute and whether parliament acts properly or not the remedy lies in Parliament…
Division and case type: Constitutional and Human RightsElection Petition
…When the Speaker made the ruling the subject of this petition, he was acting within the standing orders and the privilege accorded to him is absolute and whether parliament acts properly or not the remedy lies in Parliament…
Division and case type: Constitutional and Human RightsPetition
…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…
Division and case type: Constitutional and Human RightsPetition
…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…
Division and case type: Constitutional and Human RightsJudicial Review
…The Applicant should further show that irreparable injury will occur to him if the injunction is not granted and there is no other remedy open to him by which he will protect himself from the consequences of the apprehended…
…the substantive nature of these shortcomings, it was not enough for the superior court below to lament that the petition before it was not the “epitome of precise, comprehensive, or elegant drafting,” without requiring remedy…
Division and case type: Constitutional and Human RightsConstitutional Petition
…has jurisdiction on this matter, I do not have to determine the issues of the appropriateness of the Petition procedure in accommodating the need for viva voce evidence and the impact of the availability of alternative remedy…
Division and case type: Constitutional and Human RightsPetition
…The remedy for errors of these kinds is to appeal to a higher court. Where there is no higher court to appeal to then none can say there was an error...”…
Division and case type: Milimani Commercial CourtsCivil Case
…The learned Judge then proceeded to state as follows with regard to what an applicant must prove in order to be granted an injunction:- The burden thus put on the litigant seeking the equitable remedy of injunction is a heavy…
Division and case type: Milimani Commercial CourtsCivil Case
…But a victim does not lose his remedy in damages merely because its quantification is difficult. I have done my best to quantify it and having approached that evidence with caution, find it eminently reasonable.…