Results.
9 judgments found.
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| January 2017 |
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An affidavit admission can support judgment on admission; an equitable mortgagee must obtain foreclosure before sale.
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30 January 2017 |
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Failure to endorse a penal notice and effect personal service renders an application for a writ of sequestration incompetent.
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Enforcement of judgments — Sequestration — Requirement for penal notice endorsement (Order 45 r.7(7)) — Personal service on corporate bodies (Order 45 r.7(6)) — Inherent jurisdiction limited by procedural rules — Presence in court does not dispense with service.
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25 January 2017 |
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Tenants under market leases are not owners; court orders specific performance and requires compensation before any demolition.
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Market leases — interpretation and effect under Market and Bus Stations Act; tenant v. owner rights; specific performance of leases; compensation and interest where a local authority changes market plans and demolishes structures; notice and procedural requirements for demolition.
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23 January 2017 |
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Applicant entitled to mortgage debt judgment with interest; foreclosure, possession and sale permitted upon non-payment.
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Mortgage law — Enforcement of legal mortgage — Remedies cumulative — Foreclosure, possession and sale — Contractual and post-judgment interest — Judgment for outstanding mortgage debt.
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19 January 2017 |
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Applicant failed to show an unusually strong case for a mandatory injunction; damages were adequate and application dismissed.
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Mandatory injunctions — exceptional interlocutory relief — requires an 'unusually strong and clear' case — balance of convenience and risk of injustice — damages as adequate remedy — abuse of process — expired contract and prior payment of performance/advance security.
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18 January 2017 |
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Respondent liable for one month’s unpaid rent; security deposit applied to earlier arrear; repair claims unproven.
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Landlord and tenant — written lease and rent arrears; security deposit — application limited to proven claims; proof of damages — contemporaneous inspection/acknowledgement required; mesne profits replaced by interest; notice to quit obligation.
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12 January 2017 |
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Application for judgment instalments dismissed for failure to disclose full, documentary financial evidence.
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Civil procedure — Order 36 r.9 — payment of judgment by instalments — sufficiency of reasons — duty to disclose full and comprehensive financial affairs — requirement to exhibit relevant bank statements — judicial discretion to refuse instalments; costs; leave to appeal.
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5 January 2017 |
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Applicant awarded K 11,000 rent arrears plus K 500 damages; eviction unnecessary as respondent vacated.
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Rent Act — landlord’s claim for unpaid rent and damages — proof of arrears; eviction moot where tenant vacated; nominal damages awarded for insufficient proof.
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4 January 2017 |
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Tenant found liable for K 11,500 in unpaid rent and nominal damages; eviction unnecessary as tenant had vacated.
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Rent law — recovery of arrears — proof of payments and outstanding balance; proof of damages to leased premises; eviction unnecessary where tenant vacated; costs.
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4 January 2017 |