Case law
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Division and case type: CivilCivil Appeal
…V.P. espoused in his judgment in Bhari v Khan (1965) EA 94 at 101: "An originating summons is a form of legal proceedings designed to give in certain specific cases, a quick summary and inexpensive remedy.". Newbold Ag.…
Division and case type: CivilCivil Appeal
…1967, and which are sections 27 and 28, are almost word for identical with the corresponding sections namely, sections 1 and 2(1) of the English Limitation Act, which came into force in 1963, and which had been enacted to remedy…
…Forbes Stuart (1964) 2 ALL ER 287, "… to remedy hardship whereby a person might suffer from a disease such as pulmoconiosis caused by somebody's fault and not know of it until after the three years period of limitation had…
Division and case type: CivilCivil Appeal
…Secondly, clause 8 (viii) of the agreement which we have already discussed, limits the respondents remedy to the agreed compensation stated therein, with no interest whatsoever accruing thereon, except that which may be awarded…
Division and case type: CivilMiscellaneous Application
…An injunction is a judicial remedy, by which a person or society or company or some public or private body is ordered by the court to refrain from doing or ordered to do a particular act or thing.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…
Division and case type: CivilCivil Appeal
…In Woodfall on Landlod and Tenant 26th edition vol. 1 at page 568 paragraph 1344 under the remedy for “unreasonable refusal to consent”, there is this: “The lessor must be given a reasonable time during which he can consider…
Division and case type: CivilCivil Appeal
…This court was not asked to remedy the deficiency. When it came to the sum of Kshs 450,000 for pain, suffering loss of amenities it is clear that it is excessive and must be reduced.…
Division and case type: CivilCivil Appeal
…It is unfortunate that advocates’ sins and omissions are sometimes visited on their clients, who are left without the remedy they sought, but to sue the advocate for professional negligence but where a litigant shows that…
Division and case type: CivilCivil Appeal
…I consider it would be most unfortunate, in a case of personal injury, if a plaintiff, who has otherwise proved his case, is deprived of his remedy due to the niceties of pleading.…
Division and case type: CivilCivil Appeal
…There was a remedy in the previous suit where contempt of court proceedings could have been pursued. · The issues decided by the court on the duties of the Sugar Board under the Sugar Act and the interplay between the Act…
…It is common ground that all remedies available upon judicial review are discretionary.…
Division and case type: CivilCivil Appeal
…Considering everything put before him, he thought that an injunction was not necessary and that damages would be an adequate remedy.…
Division and case type: CivilCivil Appeal
…He then observed: “The plainti is seeking an equitable remedy form the court and one of the vital documents upon which he relies does not comply with the requirements of the laws of Kenya.…