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…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.…

…Counsel further contended that damages were an adequate remedy.…

…It is a trite law that an injunction is an equitable remedy. Equitable remedies, on their part, are discretionary in nature. 14.…

…On the issue of mandatory injunction, counsel submitted that the same is an exceptional remedy and the Appellant has not satisfied the strict test.…

…To exercise the remedy without due regard to these procedures is to abuse it. 18.…

…In Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 6 others [2013] KECA 113 (KLR), the Supreme Court emphasized that striking out pleadings is a draconian remedy that should only be employed…

…The Court is therefore not persuaded that this is a proper case for the drastic remedy of striking out the appeal. 7. Consequently, the application dated 08th December 2025 is hereby dismissed.…

…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.…

…The said Court found that a stay of proceedings was a grave remedy that would seriously interrupt the trial process and could be issued only in exceptional circumstances. 5. Should this Court stay proceedings as prayed?…

…It must be noted that a stay of proceedings is a grave judicial remedy that interferes with the trial process.…

…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.…

…The Regulation in any event does not provide any remedy for erroneous listing by the credit bureau thus the jurisdiction of the Court cannot be said to be outsted.…

…The individuals who fall victim of such listing and prove to the Court that the listing has caused them a disadvantage and injury in Law, the Courts must be available to remedy such wrongs.…

…It is an equitable remedy and not a right of a party.…

…In the case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR, the Supreme Court stated that extension of time is not a right of a party but an equitable remedy that…

…However, the remedy is exceptional. It is not available merely because a plaintiff fears that recovery may become difficult.…

…The learned Magistrate therefore erred by placing undue weight on circumstances that, while relevant, did not satisfy the statutory requirements for the exceptional remedy sought.…

…The said Court found that a stay of proceedings was a grave remedy that would seriously interrupt the trial process and could be issued only in exceptional circumstances. 5. Should this Court stay proceedings as prayed?…

…It must be noted that a stay of proceedings is a grave judicial remedy that interferes with the trial process.…

…It is the view of this Court that a stay of proceedings is a grave remedy that should be granted sparingly and only in exceptional circumstances.…

…In short, a stay of proceedings is a radical remedy which is only granted in very exceptional circumstances.…

…That the court be pleased to issue any other remedy it may deem fit and just to grant.…

…Where the court interferes by way of an injunction to prevent an injury in respect of which there is a legal remedy, it does so upon two distinct grounds first, that the injury is irreparable and second, that it is continuous…

…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.…

…She thus asserted that having failed to remedy the default, it is only prudent that the Respondent be allowed to exercise its statutory power of sale. 5.…

…Counsel for the Respondent urged that an injunction is an equitable remedy, and a party seeking it must satisfy the three-fold test laid down in Giella v Gasman Brown & Co.…

…The prayers sought herein are an equitable remedy and not a right of a party.…

…In the case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR, the Supreme Court stated that extension of time is not a right of a party but an equitable remedy that…

…Suntra Investment Bank Ltd [2015] eKLR , where it was held that: “Striking out a pleading is a draconian remedy that should be exercised sparingly and only in accordance with the law.”…

…Whether the appeal has merit and, if so, the appropriate remedies.…

…The doctrine of constitutional avoidance therefore, deals with instances where a court will decline to deal with a matter because there exists another remedy provided in law which the party is yet to utilize.…

…Where there is a remedy in Civil Law, a party should pursue that remedy and I say so well aware of the decision in Haco Industries (supra) where the converse may have been expressed as the position.…

…The respondent could either lodge his claim through the Act, which he did but no remedy was forthcoming, or pursue the remedy under common law through the courts.…

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