Case law
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Division and case type: CivilCivil Case
…Civil Appeal No. 65 of 1982 un-reported); that it is usual in the case of contracts for sale of immovable property for the court to hold that damages is not an adequate remedy and to order specific performance.…
…I think that a court of equity, will not normally withhold the remedy of specific performance from an applicant seeking to enforce a contract relating to land or interest in land unless there is anything in the contract or…
Division and case type: CivilCivil Case
…Damages would therefore be an adequate remedy. I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…
Division and case type: CivilCivil Case
…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…
Division and case type: CivilCivil Case
…In the case of Kigoroglo v Ruesherika [1969] EA 426 the Court said: “Where a remedy is elsewhere provided and available to a person to enforce an order to a criminal court in his favour I see no valid reason why he should…
Division and case type: CivilCivil Case
…In such a case he thought the plaintiff’s remedy was apply to the High Court for further and better particulars of the grounds for the detention.…
…Since the object is to enable the detainee to know what is being alleged against him the remedy of the detainee is to seek further and better particulars.…
Division and case type: CivilCivil Case
…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…
Division and case type: CivilCivil Case
…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…
Division and case type: CivilCivil Case
…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 Case
…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…
Division and case type: CivilCivil Case
…acts of Jeremiah Kamau Gitau which consisted of entering into the consent judgment with others were done in course of professed administration of the estate and they, are, therefore, binding on the estate and that the only remedy…
Division and case type: CivilCivil Case
…It is well known that there is a serious shortage of houses in Nairobi and damages in that case may not be the appropriate remedy. The new tenant has not applied to be joined as a co-defendant to protect her interest.…
Division and case type: Milimani Commercial CourtsCivil Case
…But a victim does not lose his remedy in damages merely because its quantification is difficult. I have done my best to quantify it and having approached that evidence with caution, find it eminently reasonable.…
Division and case type: CivilCivil Case
…The party aggrieved is not confined to his remedy in damages under s 56 (3) of the Land Registration Act 1925.…
Division and case type: Milimani Commercial CourtsCivil Case
…The learned Judge then proceeded to state as follows with regard to what an applicant must prove in order to be granted an injunction:- The burden thus put on the litigant seeking the equitable remedy of injunction is a heavy…