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: GeneralUnclassified
…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, damages would be sufficient remedy…
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: GeneralUnclassified
…All she appears to say is that even if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis…
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
…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
…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
…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: 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: 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.…
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…