Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…remedies - specific performance - matters the courts will consider in granting such remedy.…
…Being an equitable remedy, the court has to consider all the circumstances including the conduct of the parties and whether in all the circumstances an applicant is entitled to equitable relief. 2.…
Division and case type: Environment and Land CourtCivil Suit
…It is an equitable remedy that is only available to a deserving party at the discretion of the court; 2. A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court; 3.…
…An extension of time is considered an equitable remedy, and it is a well-established principle that equity favors those who act diligently, while delay undermines the principles of equity.…
Division and case type: High Court CivilCivil Appeal
…It is an equitable remedy and not a right of a party.…
…In the case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR, the Supreme Court stated that extension of time is not a right of a party but an equitable remedy that…
Division and case type: High Court CivilCivil Appeal
…The prayers sought herein are an equitable remedy and not a right of a party.…
…In the case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR, the Supreme Court stated that extension of time is not a right of a party but an equitable remedy that…
Division and case type: Environment and Land CourtCivil Suit
…It is an equitable remedy that is only available to a deserving party at the discretion of the Court; 2. A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court; 3.…
…A party that seeks extension of time to file an appeal out of time must satisfy the above principles, noting that it is not a right, but an equitable remedy, which is at the discretion of the court. 11.…
Division and case type: High Court CivilCivil Suit
…The Plaintiff/Applicant seeks an equitable remedy of an injunction. As the maxim goes, equity aids the vigilant, not the indolent. 3. In the circumstances, I am unable to disturb my previous finding.…
Division and case type: High Court CivilCivil Appeal
…It is an equitable remedy and not a right of a party.…
…In the case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR, the Supreme Court stated that extension of time is not a right of a party but an equitable remedy that…
Division and case type: High Court CivilCivil Appeal
…It is an equitable remedy and not a right of a party.…
…It is an equitable remedy that is only available to a deserving party at the discretion of the Court; 2. A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court 3.…
Division and case type: Environment and Land CourtCivil Suit
…That leaves me with the equitable remedy of specific performance as the most appropriate remedy under the circumstances. 53.…
…The defendants are therefore entitled to the equitable remedy of specific performance as prayed in their respective counterclaims.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…“A stay of execution is an equitable remedy granted to preserve the subject matter of an appeal, not to shield a judgment debtor from lawful recovery.” 1.…
…restrictions on execution and other legal processes against companies in liquidation without leave of the court, it does not relieve such companies from the obligation to provide meaningful security where they seek the equitable…
Division and case type: High Court CivilCivil Suit
…That the applicant seeks an equitable remedy whereas he comes to Court with unclean hands as he is in default of payment of the loan owed to the defendant. 11.…
…The equitable remedy of temporary injunction is issued solely to prevent grave and irreparable injury; that is injury that is actual, substantial and demonstrable; injury that cannot “adequately” be compensated by an award…
Division and case type: High Court CivilCivil Appeal
…In Nicholas Kiptoo Arap Salat v Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR , the Supreme Court held that extension of time is not a right but an equitable remedy exercisable at the discretion of…
…Extension of time is an equitable remedy available only to a deserving party; ii. The applicant bears the burden of laying a proper basis for the exercise of discretion; iii.…
Division and case type: High Court CivilCivil Appeal
…The Supreme Court in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR reiterated that extension of time is not a right but an equitable remedy available only to a deserving…
…It was an equitable remedy that was only available to a deserving party at the discretion of the court; 2.…
Division and case type: High Court CivilCivil Suit
…He states that the Plaintiff is seeking an equitable remedy and has not come to court with clean hands. That she has failed to furnish any grounds upon which the court may exercise discretion in her favour.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appellant by dint of his application was basically seeking an equitable remedy from the court.…
…It is an equitable remedy that is only available to a deserving party at the discretion of the Court; A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court Whether the court…
Division and case type: High Court DivCivil Appeal
…There is no doubt that the discretion to extend time is not a right of the party but is an equitable remedy that is only available to a deserving party after laying a basis to courts satisfaction that there exists reasonable…
Division and case type: High Court CivilCivil Appeal
…It is a trite law that an injunction is an equitable remedy. Equitable remedies, on their part, are discretionary in nature. 14.…
Division and case type: High Court CivilCivil Appeal
…The principles governing extension of time are well settled, including in Nicholas Kiptoo Arap Salat v IEBC & 7 Others [2014] eKLR , where the Supreme Court emphasized that extension of time is an equitable remedy, dependent…
Division and case type: High Court CivilCivil Appeal
…Stay of execution of a court decision, whether a decree or order, is an equitable remedy. It is discretionary. One of the factors that would affect exercise of discretion is conduct of the parties.…
Division and case type: Environment and Land CourtCivil Suit
…Leave to appeal out of time is an equitable remedy which is granted at the discretion of the court, but is not a right.…
…It was an equitable remedy that was only available to a deserving party at the discretion of the court; ii. …