Case law
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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
…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: Constitutional and Human RightsConstitutional Petition
…has jurisdiction on this matter, I do not have to determine the issues of the appropriateness of the Petition procedure in accommodating the need for viva voce evidence and the impact of the availability of alternative remedy…
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
…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: 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: 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: 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: CivilCivil Suit
…On 20/2/98 the plaintiffs filed this suit against the defendants claiming a liquidated claim of Kshs 45,759,318.00, interest and (a) above from 3rd May 1997 until payment in full, costs of this suit and any other remedy that…
…(c) Costs of this suit (d) Any other remedy that this honourable court may find just and fit to grant. 3. That the respondents be condemned to pay costs of the application.…
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: 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.…
Division and case type: CivilCivil Appeal
…In Woodfall on Landlod and Tenant 26th edition vol. 1 at page 568 paragraph 1344 under the remedy for “unreasonable refusal to consent”, there is this: “The lessor must be given a reasonable time during which he can consider…
Division and case type: CivilCivil Appeal
…This court was not asked to remedy the deficiency. When it came to the sum of Kshs 450,000 for pain, suffering loss of amenities it is clear that it is excessive and must be reduced.…
Division and case type: Milimani Commercial CourtsCivil Case
…But a victim does not lose his remedy in damages merely because its quantification is difficult. I have done my best to quantify it and having approached that evidence with caution, find it eminently reasonable.…
Division and case type: CivilCivil Case
…The party aggrieved is not confined to his remedy in damages under s 56 (3) of the Land Registration Act 1925.…
Division and case type: Milimani Commercial CourtsCivil Case
…The learned Judge then proceeded to state as follows with regard to what an applicant must prove in order to be granted an injunction:- The burden thus put on the litigant seeking the equitable remedy of injunction is a heavy…
Division and case type: CivilCivil Appeal
…There was a remedy in the previous suit where contempt of court proceedings could have been pursued. · The issues decided by the court on the duties of the Sugar Board under the Sugar Act and the interplay between the Act…
…It is common ground that all remedies available upon judicial review are discretionary.…
Division and case type: CivilCivil Appeal
…I consider it would be most unfortunate, in a case of personal injury, if a plaintiff, who has otherwise proved his case, is deprived of his remedy due to the niceties of pleading.…
Division and case type: CivilCivil Appeal
…It is unfortunate that advocates’ sins and omissions are sometimes visited on their clients, who are left without the remedy they sought, but to sue the advocate for professional negligence but where a litigant shows that…