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…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.…

…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.…

…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.…

…As submitted by the Respondents - the Doctrine of Exhaustion is defined in Blacks Law Dictionary 10th Edition as follows: “exhaustion of remedies.…

…The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available.…

…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.”…

…The Black’s Law Dictionary, 11th Edition at page 1726, defines the word subrogation as; “the substitution of one party for another, whose debt the party pays, entitling the paying party to rights, remedies or securities that…

…It also defines the doctrine of subrogation as follows; “the principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third…

…The Black’s Law Dictionary, 11th Edition at page 1726, defines the word subrogation as; “the substitution of one party for another, whose debt the party pays, entitling the paying party to rights, remedies or securities that…

…It also defines the doctrine of subrogation as follows; “the principle under which an insurer that has paid a loss under an insurance policy is entitled to all the rights and remedies belonging to the insured against a third…

…find that the rate of interest in the circumstances is governed by contractual provisions which were not disputed. c) The learned magistrate erred in law and in fact in failing to find that the appellant is entitled to remedies…

…The appellant submitted that the respondent did not merit the equitable remedy of permanent injunction as she had failed to perform equity and discharge her loan obligations as per the loan agreement. 13.…

…The parties are in agreement to all the terms except to what constituted default and what the remedies were in that event. Default is covered under clause 4 and 5 of the agreement.…

…He could, of course, opt for other remedies including specific performance and damages. 24. It is admitted by the appellant that he did not give the requisite notice.…

…That by a plaint dated the 11 th September, 2017 filed by the 1 st Respondent, the Appellant was sued by the 1 st Respondent for an order of permanent injunction, costs of the suit & any other remedy the trial court deemed…

…Although the parties' rights arose from contract, the Appellant having invoked equitable remedies available to a secured creditor through realization of the security, equally assumed the corresponding equitable obligation…

…I agree that although the Energy Act, 2006 provided for an appellate process from the Commission to the Energy Tribunal, the Commission was not empowered to provide for a range of specific remedies including equitable orders…

…This finding though is not the end of the matter, as the Energy Act, 2019 now has original jurisdiction to entertain and grant sufficient remedies in disputes between licensees and third parties.…

…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.…