Case law
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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
…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: 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.…
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: Constitutional and Human RightsPetition
…I am empowered under Article 23 to grant an appropriate relief as to ensure that the ends of justice are met.…
Division and case type: CivilCivil Appeal
…powers even (in special circumstances) to allow an amendment adding or substituting a new cause of action if the same arises out of the same facts or substantially the same facts as a cause of action in respect of which relief…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…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 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 RightsConstitutional Petition
…Chief Justice Taft in the case of Exparte Philip Grossman 71 U.S. 4 (WALL) 333 1867 explained the effect of the power of mercy as follows: “Executive clemency exists to afford relief from unique harshness or evident mistake…
Division and case type: CivilCivil Case
…In any case a party cannot raise the plea of “unconscionable” act or conduct as a ground for seeking relief or adjusting any contract which shows, as Lord Radcliffe put it is the case, Bridge –vCampbell Discount Co.…
Division and case type: CivilCivil Appeal
…As a result of which, states the plaintiff, it suffered loss and damage entitling it to the various reliefs set out in the two plaints against the defendants.…
…not satisfied that there is any machinery under Spanish Law to protect Evans Marshall’s position meanwhile.Indeed, it is the evidence on behalf of the defendants here that the Spanish Court would grant no interlocutory relief…
Division and case type: CivilCivil Appeal
…falls within the limits of that court’s civil jurisdiction, and to the High Court if it does not (2) Upon proof of the facts alleged in a notice served under subsection (1) of this section, the court shall, subject to any relief…
Division and case type: CivilCivil Appeal
…Finally, by way of other relief, he gave the respondent company leave to execute the decree before taxation of the note of costs.…
Division and case type: Constitutional and Human RightsElection Petition
…that the Petition be signed by a Petitioner in Rule 8 (4) (b) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 and be supported by an affidavit made by the Petitioner containing grounds on which relief…
…A Party's case is contained in its pleadings as supported by evidence from which this Honourable Court determines the issue(s) in dispute and awards relief accordingly.…
Division and case type: Constitutional and Human RightsElection Petition
…that the Petition be signed by a Petitioner in Rule 8 (4) (b) of the Elections (Parliamentary and County Elections) Petitions Rules, 2017 and be supported by an affidavit made by the Petitioner containing grounds on which relief…
…A Party's case is contained in its pleadings as supported by evidence from which this Honourable Court determines the issue(s) in dispute and awards relief accordingly.…
Division and case type: CriminalCriminal Appeal
…Not many people would be able to give a specific description of its features, and when asked to do so in court would seize with relief on something that was obvious to them.…
Division and case type: CivilCivil Appeal
…The plaintiff in his original plaint which was subsequently amended, had sued the 1st to the 4th defendants seeking among other reliefs, injunctions to restrain the 2nd and 3rd defendants from meddling in the running of the…
…he was not made a party to the present suit, and the plaintiff had not appealed against the issuance of Special Mining Lease No 19 of 1991 as provided for by the Mining Act, the plaintiff was disentitled from seeking any relief…
Division and case type: CivilCivil Appeal
…part of the learned judge’s judgment, in which he held that because of the defect in the registration of the attorney, which was the foundation of the agreement of March 3, the plainti/appellant was disentitled to any relief…