Case law
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Division and case type: CivilCivil Case
…the plaint that it is not the second defendant which entered into contract with the plaintiffs but the first defendant it is averred in para 5 that the first defendant was contracted by the second defendant to transport relief…
Division and case type: CivilMiscellaneous Application
…As a general rule, relief not founded on the pleadings will not be given: Gandy v Caspar Air Charters Ltd (1956) 23 EACA 139 (CA-K) and there were no other correct particulars of the claim given with reasonable accuracy to…
Division and case type: GeneralCase
…MUGIRIA [1983] KLR 78, this statement is to be found at page 94: “the mistake or misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under Order…
Division and case type: CivilCivil Suit
…As a general rule, relief not founded on the pleadings will not be given: Gandy v Caspar Air Charters Ltd (1956) 23 EACA 139 (CA-K) and there were no other correct particulars of the claim given with reasonable accuracy to…
Division and case type: CivilCivil Appeal
…That is another way of saying, that Ayub’s true role in the suit in view of the reliefs which his children, the appellants sought, was that of a plainti.…
…In real truth, he desired the same relief that his children – the two appellants, sought namely, to subdivide plot 196 so he can give portion to the appellants.…
Division and case type: CivilCivil Case
…The provisions state: “Where, in the case of an action for which a period of limitation is prescribed, either:- (b) The right of action is concealed by the fraud of any such person as aforesaid; or (c) the action is for relief…
Division and case type: CivilCivil Appeal
…part of the learned judge’s judgment, in which he held that because of the defect in the registration of the attorney, which was the foundation of the agreement of March 3, the plainti/appellant was disentitled to any relief…
Division and case type: CriminalCriminal Case
…Two policemen would be engaged in beating at a time so that one whipped the deceased while the other whipped Crispo as the third policeman looked on ready to relieve one of his two colleages needing a relief.…