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…- 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.…

…Every person has a right to pursue a remedy under common law, for a wrong or injury suffered.…

…Under common law, there cannot be a wrong without a remedy - or in other words, "Equity will not suffer a wrong to be without a remedy" (ubi jus ibi remedium). 19.…

…In Judicial Service Commission v Speaker of the National Assembly & Another (2013) eKLR, conservatory orders were defined as follows: “Conservatory orders, in my view, are not ordinary civil remedies but are remedies provided…

…They are not remedies between one individual against another but are meant to keep the subject matter of the dispute in situ. Therefore, such remedies are remedies in rem as opposed to remedies in personam.…

…That the magistrate misapplied the doctrine of exhaustion of remedies and failed to appreciate the nature of declaratory proceedings under Section 10(1) of Cap 405.…

…It was submitted that: The trial magistrate correctly held that the Appellant had not exhausted available remedies by way of execution against the judgment debtor.…

…He was categorical that he was aware that the doctrine of exhaustion of administrative remedies required a person challenging an agency’s decision to first pursue the agency’s available remedies before invoking the jurisdiction…

…arose when a litigant, aggrieved by an agency’s action, sought redress from a court of law on an action without pursuing available remedies before the agency itself.…

…available under any other written law are first exhausted. (3) The High Court or a subordinate Court shall, if it is not satisfied that the remedies referred to in subsection (2) have been exhausted, direct that applicant…

…shall first exhaust such remedy before instituting proceedings under sub-section (1). (4) Notwithstanding subsection (3), the High Court or a subordinate Court may, in exceptional circumstances and on application by the…

…Secondly, though forfeiture is not an equitable remedy and is strictly a common law remedy based on contractual terms in the present situation, in its plaint, the plaintiff has, despite outlining all kinds of breach, sought…

…, and the lessee has failed to remedy the breach within thirty days thereafter, if it is capable of remedy, and to make reasonable compensation in money.”…

…Section 103 is on application for relief, by the chargor; and section 104 is on the powers of the court, in respect of the remedies and reliefs available to any applying chargor.…

…The Banking Act, and, indeed, any other money lending legislation, if any, does not carry any provisions on charges, and remedies and reliefs around them. 17.…

…It is therefore my view that any costs arising from the exercise of those rights and remedies are paid, or payable, by the Appellant.…

…In that, the insurer is entitled to all the rights and remedies the insured might have against a third party in respect of the loss compensated... 27. ...…

…It was further argued that reliance on remedies under the Insolvency Act was misplaced, since those remedies are only available to corporations whose Directors have not abused the corporate form.…

…On statutory remedies, the Appellant argued that the Insolvency Act, 2015 provides a clear framework for addressing companies in financial distress. 36.…

…He then submitted that the award of 313,713/- to the Respondent was contrary to established legal principles governing contractual obligations and statutory remedies available to a secured creditor in the event of default…

…Counsel then referred to the remedies availed to a secured creditor under Section 67 of the Movable Property Security Rights No. 13 of 2017, particularly Section 67(d) and (d), which allow taking of possession and selling…

…The PO was premised on the doctrine of exhaustion of remedies.…

…(iii) Whether the doctrine of exhaustion of remedies was properly applied in the circumstances of this case. (iv) What orders should issue. G.…

…Black’s Law Dictionary, Tenth Edition defines exhaustion as follows: “exhaustion of remedies”.…

…Inadequacy of the remedy available in alternative dispute resolution mechanisms is one such exception. 25.…

…The respondent argues that section 103 of the Land Act cannot be read in isolation from section 90 of the Land Act which equally provides remedies for a chargee in the event of default by chargor.…

…That despite the fact that the applicants are in default a fact not in dispute, they have not taken any steps to remedy the default nor challenged the validity of the Statutory Notices issued. 11.…

…cannot be adequately remedied by damages.…

…In my view, such is where the Plaintiff’s remedy lies in this case.…

…In the case of Bid Insurance Brokers Limited v British United Provident Fund [2016] KEHC 1159 (KLR) the High Court considering the issue of restitution as a remedy in law said: “The remedy of restitution only applies where…

…Such remedies in English law are generically different from remedies in contract or in tort, and are not recognized to fall within a third category of the common law which has been called quasi-contract or restitution.”…

…the estate exceeded the jurisdiction of the trial Court; the trial court had no jurisdiction on the matter as the grant had been issued by a superior court; and the trial court ought to have set out, in the ruling, the remedies…

…The fourth, and the last, ground is that the ruling of 4th December 2021 did not set out the remedies sought in the application, dated 1st December 2020; identify the issues for determination; point out the notable items…

…an alternative remedy’ to section 219(f).…

…The appellant clearly had alternative remedies; 3.…

…Likewise, the court in Perna v Foss 2015 ONSC 5636 held that: “The cases state that the civil contempt remedy is one of last resort and that great caution must be exercised when considering contempt motions.…

…Contempt remedies should not be sought or granted where other adequate remedies are available to the alleged aggrieved party. Any doubt must be exercised in favor of the person alleged to be in breach of the order.”…