Adam Thumi v Maina Kiriro
Division and case type: CivilCivil Suit
…Indeed the Respondent has filed a counterclaim in which he hopes to address his grievances and obtain appropriate relief.…
Case law
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Division and case type: CivilCivil Suit
…Indeed the Respondent has filed a counterclaim in which he hopes to address his grievances and obtain appropriate 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: CivilCivil Case
…limitation of time by statute and further that the 1st defendant repudiated it on 16th August, 1984; that the suit land was subject to Land Control Board’s consent which was not granted within the prescribed time and; that the 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
…Njangu’s case show that in order to sustain a plea of res judicata, it is necessary to show: (a) that everything that is directly and substantially in controversy in the subsequent suit as the foundation of the claim for 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…
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…
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: 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 Suit
…In the premises I find the plaintiff/applicant has made out a case and I grant him the relief sought by striking out the defence filed herein by the defendant and the plaintiff be and is hereby given liberty to proceed by…
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 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
…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: 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 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: 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: 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.…
…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…