Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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 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: CivilCivil Suit
…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: 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
…That is another way of saying, that Ayub’s true role in the suit in view of the reliefs which his children, the appellants sought, was that of a plainti.…
…In real truth, he desired the same relief that his children – the two appellants, sought namely, to subdivide plot 196 so he can give portion to the appellants.…
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 Case
…The provisions state: “Where, in the case of an action for which a period of limitation is prescribed, either:- (b) The right of action is concealed by the fraud of any such person as aforesaid; or (c) the action is for relief…
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…
Division and case type: CivilCivil Appeal
…the sub-contract and that no evidence had been produced to sustain the alleged custom and concluded: “Accordingly, I am satisfied that there is no defence to the plaintiff’s claim and that the plaintiff is entitled to the relief…
Division and case type: CivilCivil Appeal
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…
…The relief for mandamus will obviously not lie against the defendants.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…hearing and determination of Criminal Appeal No. 363 of 2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief…
Division and case type: Constitutional and Human RightsElection Petition
…Mr Kilonzo wondered, and perhaps rightly so, as to whether Parliament meant that a petitioner who found himself in the circumstance like that of his client had no recourse for relief in the law.…