Search court decisions

…This is rule 1 of order 36 which so far as it is relevant, provides that: "... any person claiming to be interested in the relief sought as ... heir ... of a deceased person ... may take out ... an Originating Summons ...…

…for such relief of the nature or kind following, as may by the summons be specified and the circumstances of the case may require, that is to say, the determination ... of any of the following questions: (a) any question…

…(e) Such further of other relief as to this Honourable Court shall seem appropriate. Alternatively 2.…

…that person or to seek relief which might affect him.”…

…It is therefore with relief that I do not have to deal with the certificate of delay. 2.If a clerk is fraudulent and conceals his dealings with a client there is not much a senior partner can do until the fraud is discovered…

…Finally, it was urged that the respondents did not come to Court with clean hands and this was not a case in which an equitable relief of specific performance should have been granted. We are unable to agree.…

…Taking all the circumstances of the case into account we find that the relief granted was justified and we see no reason to interfere.…

…On the 29th day of December, 1995 the plaintiff filed a 15 page plaint against the defendant claiming the following reliefs: "(a) Declarations in terms of paragraph 13 `above' and directions and judgment for loss and for…

…In particular, mistake or misunderstanding of the appellant's legal advisers, even though negligent, may be accepted as a proper ground for granting relief, but whether it will be so accepted must depend on the facts of the…

…The learned judge further found that the appellant had not gone to court with clean hands and had not shown good faith to entitle him to the relief sought.…

…The learned judge further found that the appellant had not gone to court with clean hands and had not shown good faith to entitle him to the relief sought.…

…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…

…I would give relief that is just in the circumstances of this case at shs. 100,000/- together with interest at court rates from today’s date.”…

…In Re Crowhurst park a tenancy was held in trust for a company by deceased, and his widow applied for certain reliefs under the Landlord and Tenant Act, 1954, and also executed a deed under section 36(1) of the Trustee Act…

…in the United Kingdom (although she had done so in Jersey, where the deceased had died), whether or not there was any objection by the other side, meant that she could not produce her title so as to obtain the required relief…

…In particular, mistake or misunderstanding of the appellant’s legal advisers, even though negligent, may be accepted as a proper ground for granting relief, but whether it will be so accepted must depend on the facts of the…

…But even then in the Shabir case it was held that: “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 IX rule 20 ..…

…As a general rule, relief not founded on the pleadings will not be given: Gandy v Caspar Air Charters Ltd (1956) 23 EACA 139 (CA-K) and there were no other correct particulars of the claim given with reasonable accuracy to…

…That is another way of saying, that Ayub’s true role in the suit in view of the reliefs which his children, the appellants sought, was that of a plainti.…

…In real truth, he desired the same relief that his children – the two appellants, sought namely, to subdivide plot 196 so he can give portion to the appellants.…

…in which the Court of Appeal, basing itself very largely on the much earlier case of Re Cuthbert Cooper & Sons Ltd [1937] 2 All ER 466, held that the petition would be an abuse of the process of the court and was not a relief…

…Subsection (2) pre-suppose that this relief is available to the petitioner or petitioners both in the form of a winding up and by some other means.…

…Any further or better relief deemed fit With the plaint, an application was filed under the Judicature Act, Vacation Rules, and Order XXXIX Civil Procedure Rules. The application makes the following prayers. 1.…

…in form and cannot found a basis for granting the Orders prayed for. v) To the extent that the Applicant has blatantly misrepresented the facts and the law to this Honourable Court, the Applicant is not entitled to the reliefs…

…The application for leave which was ex parte……………………….. had to be supported by a statement setting out, inter alia, the grounds on which the relief was sought and by affidavits verifying the facts relied on: So that a knowingly…

…the sub-contract and that no evidence had been produced to sustain the alleged custom and concluded: “Accordingly, I am satisfied that there is no defence to the plaintiff’s claim and that the plaintiff is entitled to the relief…

…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…

…The relief for mandamus will obviously not lie against the defendants.…

…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…