Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…Nairobi Election Petition No. 8 of 2013 (2013) eKLR on the general rule of common law on suit by an unincorporated person that – “As a general rule, unincorporated legal persons including societies, clubs and business-names…
…Randu Nzai Ruwa & 2 others v Secretary, the Independent Electoral and Boundaries Commission & 9 others [2016] eKLR has upheld the expanded locus standi as follows: “I come to the conclusions on this ground that the strict common…
Division and case type: Milimani Commercial CourtsCivil Case
…The common Law position relating to joint tenancies has been applied by our courts over a long time. Rawal J applied it in Jerusha Nyakerario Obare – vs – Samuel Omoni Obare: HCCC No.267 of 2006 (UR) .…
Division and case type: Milimani Commercial CourtsCriminal Case
…In some countries the power to prevent an abuse of the process of the Court or to stop a prosecution because it is oppressive and vexatious is to be found in the common law and it also exists in the inherent powers of the…