Case law
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Division and case type: CivilCivil Case
…satisfied that there remained an inherent power to set aside the dismisals if the requirements of justice so demanded the exercise of that power, as for instance of limited rendered the prescribed remedy futile.…
…Mr Inamdar, with his usual clarity of expression and persuasiveness, has cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation…
Division and case type: CivilCivil Appeal
…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…
…Khanna that the appeal cannot be heard without the tribunal record but I do not agree with him that this court has no powers to do anything in the matter and that it should send the Appellant away without remedy.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…To remit the maintenance of constitutional right to the regaining judicial discretions is to shift the foundation of freedom from Rock to sand…” In principle the petitioner had exhausted his right of appeal remedy by challenging…
…(k). where the petitioner has opted to pursue other available remedies, the outcome of such avenue and (l). the representation of the victim where applicable. (2).…
Division and case type: CivilCivil Appeal
…The plaintiff can pursue his remedies on contract of employment. The period of limitation in respect of cause of action founded on contract had not expired when this suit was filed. The plea of limitation fails.…
…It does not divest any person of rights recognized by law; it limits the period within which a person can obtain a remedy from the courts for infringement of them.…
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: 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…