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FREDRICK NYAKANGWA OSORO V HEZRON MOGERE & ANOTHER [2013] KEHC 4050 (KLR)

[2013] KEHC 4050 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4050
Citation
[2013] KEHC 4050 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramJ. M. MUTUNGI
Holding

The court grants an order for specific performance and awards costs to the Plaintiff.

Facts

The Plaintiff filed a suit and an application for an interim injunction on 30th April, 2010. The 1st Defendant opposed the application and filed a replying affidavit and submissions.

Issues

  1. Whether the Plaintiff is entitled to a permanent injunction
  2. Whether the Plaintiff is entitled to a declaration and specific performance of the agreement
  3. Whether the Plaintiff is entitled to damages for defamation and breach of contract

Reasoning

The court found insufficient evidence to support the Plaintiff's claims for defamation and breach of contract damages. The court awarded costs to the Plaintiff.

Outcome

In favor of the Plaintiff

Orders

  • Order for specific performance
  • Award of costs to the Plaintiff

Remedies

  • Specific performance
  • Costs awarded to the Plaintiff
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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