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
…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.…
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
…an alternative remedy’ to section 219(f).…
…The appellant clearly had alternative remedies; 3.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…The remedy of specific performance is an equitable remedy and it is also a discretionary one.…
Division and case type: CivilCivil Appeal
…The grant of an interlocutory injunction is a remedy that is both temporary and discretionary.…
Division and case type: CivilCivil Appeal
…Njuguna argued, it had not been proved that damages were not an adequate remedy.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
….; 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.…
Division and case type: CivilCivil Appeal
…The respondent having been served with the record of appeal, it cannot be that he is without a remedy.…
Division and case type: CivilCivil Appeal
…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…
Division and case type: CivilCivil Appeal
…injures thousands of Her Majesty’s subjects, then any one of those offended or injured can draw it to the attention of the courts of law and seek to have the law enforced, and courts in their discretion can grant whatever remedy…
Division and case type: Constitutional and Human RightsJudicial Review
…The Applicant should further show that irreparable injury will occur to him if the injunction is not granted and there is no other remedy open to him by which he will protect himself from the consequences of the apprehended…
…the substantive nature of these shortcomings, it was not enough for the superior court below to lament that the petition before it was not the “epitome of precise, comprehensive, or elegant drafting,” without requiring remedy…
Division and case type: CivilCivil Appeal
…The Applicant should further show that irreparable injury will occur to him if the injunction is not granted and there is no other remedy open to him by which he will protect himself from the consequences of the apprehended…
…the substantive nature of these shortcomings, it was not enough for the superior court below to lament that the petition before it was not the “epitome of precise, comprehensive, or elegant drafting,” without requiring remedy…
Division and case type: CivilCivil Appeal
…The Applicant should further show that irreparable injury will occur to him if the injunction is not granted and there is no other remedy open to him by which he will protect himself from the consequences of the apprehended…
…the substantive nature of these shortcomings, it was not enough for the superior court below to lament that the petition before it was not the “epitome of precise, comprehensive, or elegant drafting,” without requiring remedy…
Division and case type: CivilCivil Appeal
…It does not make sense to allow an absent plaintiff under rule 2 to apply under rule 8 to set aside a dismissal and to deny him a similar remedy when he was absent under rule 4(1).…