Actions (642)
HELD:
"The Appellant's action was instituted at the High Court of Justice when it was filed at the Registry of the Court on 22-12-2015.
HELD:
"It is settled law that in determining whether a case is statute-barred, a Judge is limited to the Writ of Summons and Statement of Claim, without recourse to the Statement of Defence or any document or process - Mulima V. Usman (Supra) at 1999.
HELD:
"The starting point is to consider the issue as to whether the suit at the lower Court was statute-barred when it was instituted by the Appellant.
HELD:
"It is hornbook law that the Originating Summons procedure is intended to be used in limited circumstances in matters involving the construction and interpretation of enactments and documents.
HELD:
"The duty of the Court does not extend to granting reliefs outside what had been claimed.
HELD:
"The law is settled that for a party to be awarded any relief by a Court of law, that party must not only plead with particularity, but must also specifically claim the relief.
HELD:
"a Court of law has no jurisdiction to grant a relief not asked for by the Plaintiff or Claimant.
HELD:
"The law enjoins a claimant who seeks a declaration to lead evidence in proof of the same as a declaration is not made on admission.
HELD:
"Issue five challenges the dismissal of the counter claim and contended that it was done without having regard to the evidence before the Court.