Case law
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Division and case type: CivilCivil Suit
…XVI rule 5, make provision for the same remedy he did not think there was any conflict. The two orders merely provide different grounds for the remedy, he said.…
Division and case type: CivilCivil Case
…I cannot say whether if a court were satisfied that a breach of the Union’s rules had occurred, it would grant a remedy if any.…
…In view of this observation I would be doubtful if a court of law would want to give a remedy which could be reversed by the Union soon thereafter. Its labour would have been in vain.…
Division and case type: CivilCivil Case
…To this instance I find that the plaintiff have no remedy in applying for an injunction. The City Council of Nairobi is a local authority and like the Government no injunction may lie against it and its officers.…
…The remedy would be with an application by way of a judicial review.…
Division and case type: CivilMiscellaneous Application
…Both Mr Onyancha and Kathungu submitted that the remedy of CERTIORARI was not available because the applicant had an alternative remedy - to appeal to the Provincial Land Control Appeals Board and that he also had filed a…
…The Court of Appeal IN CIVIL APPEAL NO. 265 of 1997 (Supra) has held that the existence of an alternative remedy is no bar to the granting of an order of certiorari.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Plaintiffs counsel said the application is mischievous and is an abuse of the court process for it seeks to deny the plaintiff remedy against the other defendants.…
…He in particular said that the remedy he has against the 3rd and 4th defendants is for recovery of judgment entered in default against those defendants.…
Division and case type: CivilCivil Case
…I think that it is settled law that an applicant seekingan equitable remedy of injunction, must come to court with cleanhands.…
…Where in a suit filed by several Plaintiffs all seekingan equitable remedy, it is shown as in this case, that one of themis acting maliciously in the case in furtherance of other interestsnot disclosed in their joint Plaint…
Division and case type: Milimani Commercial CourtsCivil Case
…I remind myself that an injunction is a great and beneficial equitable remedy.…
…interlocutory injunctive relief will be available only to either those with demonstrable legal or equitable rights in danger of violation or which have actually been violated in situations where damages would be an inadequate remedy…
Division and case type: Milimani Commercial CourtsCivil Case
…(c) The Plaintiff’s suit will rendered nugatory if no orders are granted as the 1st Defendant is domiciled overseas and damages will not be an adequate remedy.…
…He further submitted that there was no wrongdoing, contractually or in tort, against the 3rd Defendant for which the remedy sought has been prayed for.…
Division and case type: CriminalCriminal Appeal
…It appears that shortly after the report was received the appellant had tried to remedy the situation. Unfortunately the doors he delivered to PW 4 were old ones and were positively identified by the complainant as his.…
Division and case type: CivilCivil Suit
…unable to decide on the basis contradictory affidavit evidence whether the Defendant was misled by the Plaintiff’s Advocate as alleged, I am of the view that such excuse is a poor one and if true entitles the Defendant to a remedy…
Division and case type: CivilCivil Case
…strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained provisions regarding the duration …” It goes on to prescribe the remedies…
…In this case the plaintiff is not entitled to any remedy because there was no breach on the part of the defendant, even if those remedies were available to it under the law.…
Division and case type: Milimani Commercial CourtsCivil Case
…For sometime now, the courts have held that a dispute as to how much is payable in respect of the principal sum or interest cannot avail a litigant in the plaintiff’s position the remedy of an injunction.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is based on the grounds that the plaintiff has failed to prosecute its suit within reasonable time after obtaining the injunction; that the plaintiff is enjoying an equitable remedy whilst it is not displaying…
Division and case type: CivilCivil Suit
…Mr Khamati for the respondent argued that the applicants had been given ample notice; that both rules of natural justice and the CPK’s Constitution had been complied with; that only remedy open to the applicants was to appeal…
…His remedy if he is unlawfully dismissed is in damages.…
Division and case type: CivilCivil Case
…The inability of a defendant to pay damages would not of itself be sufficient ground for holding that the plaintiffs remedy might be illusionary or might be irreparable.…
…The defendants’ counsels have urged before me that the remedy of injunction is no longer available to the plaintiff because the shares forming the subject of the suit have, prior to the commencement of the suit, been transferred…
Division and case type: CivilCivil Case
…All he does is to say that the claim as stated does not afford the Plaintiff any remedy in law (see generally Mukisa Biscuit Manufacturing Co., Ltd V.…
Division and case type: CivilCivil Suit
…defendant (see the defendant’s advocate’s letter dated 5.1.89) and the arbitration process does not provide a procedure for protecting such interest pending the determination of the dispute through the process, his only remedy…
Division and case type: Milimani Commercial CourtsCivil Case
…If the appeal succeeded, the order to be made would automatically render the proceedings in the High Court unnecessary but an appropriate order for costs would remedy that.…
…continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may make an appropriate order for costs to remedy…
Division and case type: Milimani Commercial CourtsCivil Case
…If the appeal succeeded, the order to be made would automatically render the proceedings in the High Court unnecessary but an appropriate order for costs would remedy that.…
…continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may make an appropriate order for costs to remedy…
Division and case type: CivilCivil Suit
…That issue, as has been repeated, again and again by this court has been resolved and the only remedy available to the Applicant is to file an appeal to the Court of Appeal.…