Case law
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Division and case type: CivilCivil Appeal
…- 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: CivilCivil Appeal
…an alternative remedy’ to section 219(f).…
…The appellant clearly had alternative remedies; 3.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…with subsection(1) has expired; (ii)the court may, at its discretion, stay a suit brought under paragraph (a) or paragraph (b), notwithstanding any agreement to the contrary, until the chargee has exhausted all his other remedies…
Division and case type: CivilCivil Appeal
…There are other remedies available to him if his claim is sustained and we note that he has also asked for damages.…
Division and case type: CivilCivil Appeal
…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…
Division and case type: CivilCivil Appeal
…A defendant sued in breach of a Scott v Avery provision thus has a choice of remedies. In law, he is entitled to bide his time and rely on the Scott v Avery point at the trial.…
Division and case type: CivilCivil Appeal
…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…
Division and case type: CivilCivil Appeal
…His grounds for asking for these remedies were– 1. The formal proof of the counter-claim should not have proceeded without notice to Nduhiu; 2.…
Division and case type: CivilCivil Appeal
…The plaintiff can pursue his remedies on contract of employment. The period of limitation in respect of cause of action founded on contract had not expired when this suit was filed. The plea of limitation fails.…
…It does not divest any person of rights recognized by law; it limits the period within which a person can obtain a remedy from the courts for infringement of them.…
Division and case type: CivilCivil Appeal
…It is a remedy that is both temporary and discretionary.…
…Where, however, there is doubt as to the adequacy of the respective remedies in damages available to either party or to both, the question of balance of convenience then arises.…
Division and case type: CivilCivil Appeal
…The Petitioners did not therefore serve the 1st Respondent and they did not exhaust all the available remedies before ling this petition.…
Division and case type: CivilCivil Appeal
…That remedy can only call into the High Court and quash a decision which has been taken.…
…In any case I am myself of the clear view that in certain circumstances a declaratory suit may well be a far more efficacious remedy than one by way of judicial review. In my view this complaint is groundless.…
Division and case type: CivilCivil Appeal
…There was a remedy in the previous suit where contempt of court proceedings could have been pursued. · The issues decided by the court on the duties of the Sugar Board under the Sugar Act and the interplay between the Act…
…It is common ground that all remedies available upon judicial review are discretionary.…
Division and case type: Anti-CorruptionCivil Appeal
…Mr Guram submitted further that if there be breach of the duty and obligations of the respondents in respect of any disclosure of condential information, the appellants remedies, other than injunctions, lay elsewhere.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Mr Chunga argued that Prohibition ought not to be granted where alternative remedies are available to an applicant. He said the applicant would be entitled to defend himself.…
Division and case type: CivilCivil Appeal
…particular kinds of suits whether for ideological or political reasons, or because of inexperience or inefficiency of the judiciary or excessive delay in the conduct of the business of the courts or unavailability of appropriate remedies…