Search court decisions

…- 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.…

…Njuguna’s main argument simply is that when damages are an adequate remedy and that when mode of calculating such damages is agreed, the court ought to consider that damages are an adequate remedy.…

…It becomes clear therefore that section 459 and 461 remedies were brought in to ameliorate the “harshness” of the restrictive remedy given by section 210.…

…available to him; that is, that he has a remedy under section 210, or now section 75.…

…Plaintiffs counsel said the application is mischievous and is an abuse of the court process for it seeks to deny the plaintiff remedy against the other defendants.…

…He in particular said that the remedy he has against the 3rd and 4th defendants is for recovery of judgment entered in default against those defendants.…

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

…The appellant clearly had alternative remedies; 3.…

…unable to decide on the basis contradictory affidavit evidence whether the Defendant was misled by the Plaintiff’s Advocate as alleged, I am of the view that such excuse is a poor one and if true entitles the Defendant to a remedy…

…The continuation in the paragraph therein referred to, is: “If on the other hand, damages would not provide an adequate remedy for the plaintiff in the event of his succeeding at the trial, the court should then consider…

…The two approaches therefore overlap as far as the third principle in Giella’s case is concerned on the question of convenience, and also on the second principle concerned with the question of damages being a sufficient remedy…

…Mr Khamati for the respondent argued that the applicants had been given ample notice; that both rules of natural justice and the CPK’s Constitution had been complied with; that only remedy open to the applicants was to appeal…

…His remedy if he is unlawfully dismissed is in damages.…

…quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to remedy…

…quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to remedy…

…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…

…Khanna that the appeal cannot be heard without the tribunal record but I do not agree with him that this court has no powers to do anything in the matter and that it should send the Appellant away without remedy.…

…defendant (see the defendant’s advocate’s letter dated 5.1.89) and the arbitration process does not provide a procedure for protecting such interest pending the determination of the dispute through the process, his only remedy…

…That issue, as has been repeated, again and again by this court has been resolved and the only remedy available to the Applicant is to file an appeal to the Court of Appeal.…

…The remedy of specific performance is an equitable remedy and it is also a discretionary one.…

…The grant of an interlocutory injunction is a remedy that is both temporary and discretionary.…

…Njuguna argued, it had not been proved that damages were not an adequate remedy.…

…As in injunction is an equitable remedy, a condition of equal importance with the above three is that the conduct of applicant must meet the approval of a Court of Equity.…

…As we have said earlier the grounds of appeal relating to specific performance have not been persued since the respondent has, subsequent to the trial judge’s refusal of that remedy, voluntarily executed a transfer of the…

….; that the applicant had not complied with the order of Muli J.A; that all told the applicant had been dilatory and that as such the applicant deserved no further remedy.…