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…By a Petition presented on 31st August, 1989 Fitzval Remedios Santana De Souza (herein after called the Applicant) has prayed for certain reliefs under Section 211 of the Companies Act and alternatively that the Company namely…

…The first consideration impels a court to grant the relief in a deserving case.…

…That case spells out the necessary conditions for the grant of the relief.…

…blames the defendant for failing to refer the matter to arbitration and claims that he was forced to come to court by reason of lack of any provision in the agreement between the parties of procedures for dealing with the reliefs…

…That the law clearly allows the plaintiff to apply to court for the type of relief he is seeking in the suit cannot in my view be gainsaid.…

…Now, injunction is an equitable relief, a court of equity administers justice according to fairness as contrasted with the strict formulated rules of common law.…

…Since equity administers justice on basis of fairness, it would be wrong for that very relief to be used to afford someone unfairness, and the court has power to discharge an injunction where such unfairness is to be found…

…The plaintiffs are asking for Judgment against the defendant for:- (a) shs. 27,200 (b) General Damages (c) Costs of this suit (d) Such further or alternative relief as this Honourable Court may deem fit to grant.…

…Section 59 (1) of the Registered Land Act gives the Court jurisdiction to grant the tenant relief from forfeiture. In any case courts of equity grant relief against forfeiture for non-payment of rent.…

…In Thalches v C of Pearce and Sons (Contractors) Ltd [1968] 1 WLR 74g, relief against forfeiture for non-payment of rent was granted even when the landlord had re-entered peacefully.…

…It was not a frivolous suit, and he was able to get temporary relief.…

…The main relief sought is that defendant do give possession of the portion he has taken to the plaintiff. There has been previous proceedings. In Meru High Court Civil Appeal No. 22/88.…

…The applicant also applied for leave to amend its statement which inter alia set out the relief sought and the grounds upon which the said relief was sought.…

…In its amended statement referred to earlier in this ruling, amongst the grounds upon which the applicant sought relief from this court were that: (a)"The Registrar of Trade Unions was bound to consider the application of…

…The application also seeks other and or further relief or orders to be granted. In an affidavit sown on 13.6.95 the Company denies owing the Petitioner the Kshs 7,228,478/65 upon which the petition is founded upon.…

…Indeed the Respondent has filed a counterclaim in which he hopes to address his grievances and obtain appropriate relief.…

…There are no pleas in the defence that would enable the Court to grant such relief. The plaintiff has asked for summary judgment on his claim.…

…Does the plaintiff meet those conditions for the grant of the interlocutory injunctive relief sought?…

…this appeal, filed a suit in the court of the Principal Magistrate, Milimani Commercial Courts Nairobi to claim from the defendant – now appellant, a sum of Kshs.148,260/= plus costs of the suit and interest and any other relief…

…The plaintiffs are entailed to the relief they seek. The defendants have in addition filed a counterclaim repeated the contents of the defence and claiming damages.…

…In it Edwin Asava Majani, Engineer Geoffrey Gathuri Njorohio, Geoffrey Kiugu Gakure as first, 2nd and 3rd plaintiffs respectively have sued Telkom Kenya Ltd, seeking various reliefs as set out in the plaint.…

…Denied that the Plaintiffs are entitled to the reliefs sought. They prayed for the suit against them to be dismissed with costs.…

…The arguments put forward in support of the objection were that the applicants had no locus standi since they had not shown that they had sufficient interest in seeking the relief they were seeking; that since what they claimed…

…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…

…order that in the event the three persons aforesaid disposing off the property LR 209/930 before the determination of this suit they will be held personally liable to pay all the costs, damages, interest and meet any other relief…