Search court decisions

…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”.…

…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.…

…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.…

…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…

…It is deponed that the applicants staged a strike in the college, incited other students to join the unlawful strike and so undermined the college authority.…

…And that on the same date, the applicants staged an unlawful strike and that as a result the terminal examinations for the first and second year students had to be postponed.…

…Though the parties did not frame any issues it is clear from the pleadings that the two major issues for determination by this court are: (i) Whether the alleged arrest and imprisonment of the plaintiff was unlawful and the…

…Was the alleged arrest and imprisonment of the plaintiff unlawful and the prosecution that followed malicious?…

…The learned judge was not impressed by the demeanor of the appellant in the witness box and consequently did not find it necessary to go into the issue of unlawful dismissal on account of the appellant’s benefits having been…

…In the 1995 suit, he held similarly, that the respondent had the onus to prove that the distress was unlawful, that there was no relationship of landlord and tenant, that he was occupying the suit property as beneficial owner…

…thereof and that he had suffered loss and damage by unlawful distress.…

…It was unlawful killing and they must be liable.…

…It further follows that what he did in this matter without a practising certificate is unlawful and an illegality.…

…The plaintiff has proved that his dismissal was unlawful and he is therefore entitled to damages. Counsel for the plaintiff has put out a formula upon which he wants the damages due to the plaintiff assessed.…

…There was no justification for the assault and the same was unlawful. The court therefore holds that the two plaintiffs were unlawfully assaulted by the first two defendants and they are therefore liable in damages.…