Case law
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Division and case type: CivilCivil Appeal
…He sought the orders which he had asked for on first appeal; namely, a declaration that the defendant is a trespasser and secondly damages for such trespass.…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
Division and case type: CivilCivil Appeal
…Corporation is the only begetter of this result because had it dismissed Oloo for refusing a transfer in 1977 to Kakamega, at the same rank and salary, and so forth, and he was aggrieved, then he would have had to litigate for damages…
Division and case type: CivilCivil Appeal
…If the plaintiff had proved its claim and if the only defence available to the defendant was a blame on a third party, such defence would not have prevented the plaintiff from recovering damages.…
…In my view the plaintiff did not prove its case for damages of one day the 17th January, 1978. The learned trial judge was right in his findings. I would also dismiss this appeal with costs. Masime Ag JA.…
Division and case type: CivilCivil Appeal
…This appeal arises from a suit Kabugu Mutua instituted in the superior court for damages for the injuries he sustained in that accident.…
…He then proceeded to assess damages which he would have awarded had the action succeeded. The figure he assessed is not material considering what I propose to say hereafter.…
Division and case type: CivilCivil Appeal
…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 damages…
Division and case type: CivilCivil Appeal
…The alternative remedies available to the petitioner which Sachdeva J canvassed, were a common law action for damages, rectification of the register, an action for appropriate declarations, and finally, a petition under section…
…It is true that passage was referring to the question of whether the party concerned could be compensated in damages on an interlocutory injunction, but it is in my view an admirable statement of the correct approach to an…
Division and case type: CivilCivil Appeal
…He also sought damages and costs and interest thereon.…
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…
Division and case type: CivilCivil Appeal
…He sued the Chief Justice for the alleged libel seeking damages. But even before filing his defence, the Chief Justice counter-attacked.…
Division and case type: CivilCivil Appeal
…the refusal by the appellants to sign the agreement for sale, the respondent filed a suit in the superior court against the appellants seeking, among other reliefs, specific performance of the sale agreement and general damages…
Division and case type: Anti-CorruptionCivil Appeal
…termination of the retainer, in respect of any information acquired during the course of and by virtue of the retainer and the Court will restrain the solicitor by injunction from any breach likely to damnify the client and award damages…
Division and case type: CivilCivil Appeal
…It is an exception to the elementary principle that A cannot, as a general rule, bring an action against B to recover damages or secure other relief on behalf of C for an injury done by B to C, C is the proper plaintiff because…
Division and case type: CivilCivil Appeal
…Subsequently, the plaintis issued a writ in rem claiming, inter alia, damages for breach of the agreement and one of the defendant ships were arrested.…
Division and case type: CivilCivil Appeal
…It is the same with any damages due in consequence of pecuniary prejudice caused to other persons, the maintenance of his wives, whose marriage remains in suspense, and the maintenance of his ascendants and descendants.”…