Case law
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Division and case type: CivilCivil Appeal
…(iii) The Applicant has paid all lawful levies, taxes and charges in respect of the sugar consignment and the Respondent’s refusal to release the consignment to the applicant is therefore unlawful, capricious, oppressive,…
…Fred Ngatia, which advise I verily believe to be true and correct, that the Respondent’s said detention of the Applicant’s sugar cargo is in contempt of court and unlawful for the following reasons: - i.…
Division and case type: CivilCivil Case
…Reynolds was unlawfully detained.” In that case not only were there no grounds for detention shown in the statement but no grounds were shown in a subsequent inquiry and in an action for false imprisonment.…
…In the Ooko case, Rudd J, a most experienced judge came to a similar conclusion: “The plaintiff” he said “argued that failure to state sufficient detailed ground rendered his detention unlawful.…
Division and case type: Constitutional and Human RightsElection Petition
…Again the purported service of the petition, which anyway fell outside the statutory period, would as well have been declared unlawful and invalid.…
Division and case type: Milimani Commercial CourtsCivil Case
…prohibitory injunction restraining the Defendant from interfering with the Plaintiff’s ownership and quiet possession of the suit property known as Nairobi/Block III/601 – Komarock, a declaration that the charge document is unlawful…
Division and case type: CivilCivil Appeal
…In any case, failure to hold an annual meeting as prescribed by the Act, is a breach of the law and advantage cannot be taken of such an unlawful act.…
…Whether the annual meeting next due after his election is held or not will not affect the position otherwise, an incumbent mayor through the postponement of annual meetings, may take unlawful advantage of the breach of the…
Division and case type: CriminalCriminal Appeal
…volition he went along with the rest of the group knowing (if the statement is to be believed) that firearms would be necessary to accomplish the purpose envisaged, which, even if not murder at its inception, was clearly an unlawful…
…However, that was a decision on common intent and it was held that the fact that the appellants were acting under orders which were obviously unlawful could not have the effect of relieving them from criminal responsibility…