Case law
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Division and case type: CivilCivil Case
…the plaint that it is not the second defendant which entered into contract with the plaintiffs but the first defendant it is averred in para 5 that the first defendant was contracted by the second defendant to transport relief…
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…
…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: Constitutional and Human RightsPetition
…The application also seeks other and or further relief or orders to be granted. In an affidavit sown on 13.6.95 the Company denies owing the Petitioner the Kshs 7,228,478/65 upon which the petition is founded upon.…
Division and case type: Environment and LandLand Case
…The Applicant deponed that, on 29th July 2022, this court delivered a judgment and decree that among others, comprised of the relief of a mandatory injunction requiring the defendant, his agents, servants or licensees to…
…It is enacted as follows: “Subject to such conditions and limitations as may be prescribed, the Court may, on application of decree holder, order execution of the decree– (f) in such other manner as the nature of relief granted…
Division and case type: CivilMiscellaneous Application
…The applicant also applied for leave to amend its statement which inter alia set out the relief sought and the grounds upon which the said relief was sought.…
…In its amended statement referred to earlier in this ruling, amongst the grounds upon which the applicant sought relief from this court were that: (a)"The Registrar of Trade Unions was bound to consider the application of…
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: CivilMiscellaneous Application
…As a general rule, relief not founded on the pleadings will not be given: Gandy v Caspar Air Charters Ltd (1956) 23 EACA 139 (CA-K) and there were no other correct particulars of the claim given with reasonable accuracy to…
Division and case type: GeneralCase
…MUGIRIA [1983] KLR 78, this statement is to be found at page 94: “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…
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: CivilCivil Appeal
…I would give relief that is just in the circumstances of this case at shs. 100,000/- together with interest at court rates from today’s date.”…
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 Case
…purely by statute and that on the authority of Barraclough v Brown & others, [1897] AC p 615, where a right is given by statute and means to enforce are or redress are given by statute one must use this means to get the relief…
Division and case type: CivilCivil Case
…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
…In the instant case the plaintiffs’ main relief is for a declaration that the first suit is null and void.…