Case law
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Division and case type: CivilCivil Case
…Damages would therefore be an adequate remedy. I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…
Division and case type: CivilCivil Case
…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…
Division and case type: Constitutional and Human RightsPetition
…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…
Division and case type: CivilCivil Case
…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…
Division and case type: Constitutional and Human RightsPetition
…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…
Division and case type: Environment and LandPetition
…The Applicant should further show that irreparable injury will occur to him if the injunction is not granted and there is no other remedy open to him by which he will protect himself from the consequences of the apprehended…
…the substantive nature of these shortcomings, it was not enough for the superior court below to lament that the petition before it was not the “epitome of precise, comprehensive, or elegant drafting,” without requiring remedy…
Division and case type: CivilCivil Appeal
…It does not make sense to allow an absent plaintiff under rule 2 to apply under rule 8 to set aside a dismissal and to deny him a similar remedy when he was absent under rule 4(1).…
Division and case type: CivilCivil Appeal
…It is a remedy that is both temporary and discretionary.…
…Where, however, there is doubt as to the adequacy of the respective remedies in damages available to either party or to both, the question of balance of convenience then arises.…
Division and case type: CriminalCase number Criminal Revision
…or causing to be remedied, any nuisance or condition liable to be injurious or dangerous to health, and to take proceedings at law against any person causing or responsible for the continuance of any such nuisance or condition…
…It shall be the duty of every health authority to take all lawful, necessary and reasonably practicable measures for preventing or causing to be prevented or remedied all conditions liable to be injurious or dangerous to…
Division and case type: CivilCivil Case
…acts of Jeremiah Kamau Gitau which consisted of entering into the consent judgment with others were done in course of professed administration of the estate and they, are, therefore, binding on the estate and that the only remedy…
Division and case type: CivilCivil Appeal
…That remedy can only call into the High Court and quash a decision which has been taken.…
…In any case I am myself of the clear view that in certain circumstances a declaratory suit may well be a far more efficacious remedy than one by way of judicial review. In my view this complaint is groundless.…
Division and case type: CivilCivil Case
…It is well known that there is a serious shortage of houses in Nairobi and damages in that case may not be the appropriate remedy. The new tenant has not applied to be joined as a co-defendant to protect her interest.…
Division and case type: CivilCivil Appeal
…V.P. espoused in his judgment in Bhari v Khan (1965) EA 94 at 101: "An originating summons is a form of legal proceedings designed to give in certain specific cases, a quick summary and inexpensive remedy.". Newbold Ag.…
Division and case type: CivilCivil Appeal
…1967, and which are sections 27 and 28, are almost word for identical with the corresponding sections namely, sections 1 and 2(1) of the English Limitation Act, which came into force in 1963, and which had been enacted to remedy…
…Forbes Stuart (1964) 2 ALL ER 287, "… to remedy hardship whereby a person might suffer from a disease such as pulmoconiosis caused by somebody's fault and not know of it until after the three years period of limitation had…
Division and case type: CivilCivil Appeal
…Secondly, clause 8 (viii) of the agreement which we have already discussed, limits the respondents remedy to the agreed compensation stated therein, with no interest whatsoever accruing thereon, except that which may be awarded…
Division and case type: CivilMiscellaneous Application
…An injunction is a judicial remedy, by which a person or society or company or some public or private body is ordered by the court to refrain from doing or ordered to do a particular act or thing.…
Division and case type: Constitutional and Human RightsPetition
…The remedy for errors of these kinds is to appeal to a higher court. Where there is no higher court to appeal to then none can say there was an error...”…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…
Division and case type: FamilySuccession Cause
…They have a separate remedy. Further, this application appears an after thought for applicant states that she was called for the reading of the will in April, 1988 and was aware when the petition for Grant was made.…