Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…A NO. 369 OF 2001 NAIROBI at page 4 where Kwach, Omolo and Bosire JJA ruled: “If the High Court proceeds to assess damages in this particular matter, that alone would not render the success of this appeal nugatory.…
Division and case type: CriminalCriminal Case
…What this court can properly do, however, is to take proceedings under section 72 (6) of the Constitution and award damages to an offended party.…
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 Case
…MINGIRE……………………PLAINTIFF VERSUS ATTORNEY GENERAL……………………………DEFENDANT JUDGMENT The plaintiff, Moses Waithanji Mingire, a retired police officer, and presently a farmer and businessman, brought action by plaint, claiming 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 Suit
…Indeed it will not be such injury that an award of damages cannot repair. I almost want to agree with the respondent’s lawyer that there were malatides in bringing this application. Or perhaps these were not.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…In view of this finding I do not propose to go into the question of injuries and the extent thereof suffered by the plaintiff with a view of assessment of damages.…
Division and case type: CivilCivil Case
…Civil Appeal No. 65 of 1982 un-reported); that it is usual in the case of contracts for sale of immovable property for the court to hold that damages is not an adequate remedy and to order specific performance.…
Division and case type: CivilCivil Case
…The applicant is also hereby ordered to give an undertaking in writing for damages to the respondent within 14 days hereof. The costs of the application shall be in the cause. Order accordingly.…
Division and case type: CivilCivil Case
…The applicant is also hereby ordered to give an undertaking in writing for damages to the respondent within 14 days hereof. The costs of the application shall be in the cause. Order accordingly.…
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: CivilMiscellaneous Application
…Mr Onyancha further submitted that the applicant has not suffered special damages, over and above the one suffered by the public since he had assigned all his rights to the chargee (Kenyac).…
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: Milimani Commercial CourtsCivil Case
…Public Trustee told Munini and Musangi he would include Nzambi as a third wife when he came to distribute the assets they briefed Mr Mututo to file and serve this claim against Nzambi for three declarations, an account, 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…