Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Constitutional and Human RightsPetition
…Where in a voidable marriage, the Petitioner’s conduct amounts to approbation of the marriage, this fact precludes the Petitioner from obtaining relief unlike in void marriages where the conduct of the Petitioner is immaterial…
Division and case type: CivilCivil Case
…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…
Division and case type: CivilCivil Case
…There are no pleas in the defence that would enable the Court to grant such relief. The plaintiff has asked for summary judgment on his claim.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…The proposed Interested Party has a clearly identifiable stake as the complainant before the First respondent and, therefore, a party to the proceedings of the First Respondent, which are the subject of the injunctive relief…
Division and case type: Milimani Commercial CourtsCivil Case
…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…
Division and case type: CivilCivil Case
…In the instant case the plaintiffs’ main relief is for a declaration that the first suit is null and void.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…this appeal, filed a suit in the court of the Principal Magistrate, Milimani Commercial Courts Nairobi to claim from the defendant – now appellant, a sum of Kshs.148,260/= plus costs of the suit and interest and any other relief…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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 ..…
Division and case type: CivilCivil Case
…The plaintiffs are entailed to the relief they seek. The defendants have in addition filed a counterclaim repeated the contents of the defence and claiming damages.…
Division and case type: Environment and LandCivil Suit
…In it Edwin Asava Majani, Engineer Geoffrey Gathuri Njorohio, Geoffrey Kiugu Gakure as first, 2nd and 3rd plaintiffs respectively have sued Telkom Kenya Ltd, seeking various reliefs as set out in the plaint.…
…Denied that the Plaintiffs are entitled to the reliefs sought. They prayed for the suit against them to be dismissed with costs.…
Division and case type: CivilCivil Appeal
…The arguments put forward in support of the objection were that the applicants had no locus standi since they had not shown that they had sufficient interest in seeking the relief they were seeking; that since what they claimed…
Division and case type: CivilCivil Case
…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…
Division and case type: CivilCivil Case
…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilORIGINATING SUMMONS
…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.…
Division and case type: CivilCivil Case
…Having said all that, the question I should now answer is whether the Plaintiff is entitled to relied as sought or any relief. In the case of Rift Valley Textile Limited V.…
Division and case type: CivilCivil Appeal
…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…