Case law
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Division and case type: CivilCivil Case
…In his plaint, the plaintiff prays for judgment against the defendant for interalia (a) specific performance of the said agreement and (b) damages in addition to or in lieu of specific performance.…
…abandoned prayer (a) of the plaint for specific performance and by this notice of motion which he has filed under order XII rule 6 of the Civil Procedure Rules he is praying for interlocutory judgment in his favour for damages…
Division and case type: CivilCivil Suit
…Consequently the plaintiffs did not suffer any damages, as there was no breach.…
Division and case type: CivilCivil Case
…the seven girls resume classes and continue with their education at the Consolata Secondary School, Meru; an injunction restraining the defendants from interfering with the plaintiffs’ rights to attend the school; various damages…
…And the Court must extract some undertaking as to damages, from the applicant, as the price he must pay before a temporary injunction is granted.…
Division and case type: CivilCivil Case
…By the plaint dated 25th June 1990 the applicant was sued by the respondent for damages for personal injuries which the respondent alleged to have sustained when the employees of the Council “brutally assaulted the plaintiff…
Division and case type: CriminalCriminal Appeal
…It was the prosecution case that as the complainant and his companion were now inspecting the damages on the car, two police officers on patrol duties arrived and one of them had a dog.…
Division and case type: CivilCivil Case
…Kiania Njau, his client, one Bernard Kairu, filed a suit against Patrick Nyuttu and another claiming damages for negligence. This was HCCC No 1198/84.…
Division and case type: CivilCivil Suit
…On January 8, 1976, fourteen days before the expiration of the statutory period within which to bring an action for tort, a plaint was filed on her behalf claiming damages from the owner of the bus and also from J H Minet…
Division and case type: Milimani Commercial CourtsCivil Case
…A NO. 369 OF 2001 NAIROBI at page 4 where Kwach, Omolo and Bosire JJA ruled: “If the High Court proceeds to assess damages in this particular matter, that alone would not render the success of this appeal nugatory.…
Division and case type: Milimani Commercial CourtsCivil Case
…A NO. 369 OF 2001 NAIROBI at page 4 where Kwach, Omolo and Bosire JJA ruled: “If the High Court proceeds to assess damages in this particular matter, that alone would not render the success of this appeal nugatory.…
Division and case type: CriminalCriminal Case
…What this court can properly do, however, is to take proceedings under section 72 (6) of the Constitution and award damages to an offended party.…
Division and case type: CivilCivil Case
…MINGIRE……………………PLAINTIFF VERSUS ATTORNEY GENERAL……………………………DEFENDANT JUDGMENT The plaintiff, Moses Waithanji Mingire, a retired police officer, and presently a farmer and businessman, brought action by plaint, claiming damages…
Division and case type: CivilCivil Suit
…Indeed it will not be such injury that an award of damages cannot repair. I almost want to agree with the respondent’s lawyer that there were malatides in bringing this application. Or perhaps these were not.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…In view of this finding I do not propose to go into the question of injuries and the extent thereof suffered by the plaintiff with a view of assessment of damages.…
Division and case type: CivilCivil Case
…Civil Appeal No. 65 of 1982 un-reported); that it is usual in the case of contracts for sale of immovable property for the court to hold that damages is not an adequate remedy and to order specific performance.…
Division and case type: CivilCivil Case
…The applicant is also hereby ordered to give an undertaking in writing for damages to the respondent within 14 days hereof. The costs of the application shall be in the cause. Order accordingly.…
Division and case type: CivilCivil Case
…The applicant is also hereby ordered to give an undertaking in writing for damages to the respondent within 14 days hereof. The costs of the application shall be in the cause. Order accordingly.…
Division and case type: CivilMiscellaneous Application
…Mr Onyancha further submitted that the applicant has not suffered special damages, over and above the one suffered by the public since he had assigned all his rights to the chargee (Kenyac).…
Division and case type: Milimani Commercial CourtsCivil Case
…Public Trustee told Munini and Musangi he would include Nzambi as a third wife when he came to distribute the assets they briefed Mr Mututo to file and serve this claim against Nzambi for three declarations, an account, damages…