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…Now, injunction is an equitable relief, a court of equity administers justice according to fairness as contrasted with the strict formulated rules of common law.…

…Since equity administers justice on basis of fairness, it would be wrong for that very relief to be used to afford someone unfairness, and the court has power to discharge an injunction where such unfairness is to be found…

…We see some merit in the first ground, but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory…

…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…

…MUGIRIA [1983] KLR 78, this statement is to be found at page 94: “the mistake or misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under Order…

…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…

…this appeal, filed a suit in the court of the Principal Magistrate, Milimani Commercial Courts Nairobi to claim from the defendant – now appellant, a sum of Kshs.148,260/= plus costs of the suit and interest and any other relief…

…hearing and determination of Criminal Appeal No. 363 of 2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief…