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…Secondly, though forfeiture is not an equitable remedy and is strictly a common law remedy based on contractual terms in the present situation, in its plaint, the plaintiff has, despite outlining all kinds of breach, sought…

…, and the lessee has failed to remedy the breach within thirty days thereafter, if it is capable of remedy, and to make reasonable compensation in money.”…

…Even when a contract is valid and enforceable, specific performance will however not be ordered where there is an adequate alternative remedy.…

…In this respect damages are considered to be an adequate alternative remedy where the claimant can readily get the equivalent of what he contracted for from another source.…

…Even where a contract is valid and enforceable, specific performance will, however, not be ordered where there is an adequate alternative remedy.  …

…In this respect damages are considered to be an adequate alternative remedy where the claimants can readily get the equivalent of what he contracted for from another source.  …

…cannot be adequately remedied by damages.…

…In my view, such is where the Plaintiff’s remedy lies in this case.…

…The respondent argues that section 103 of the Land Act cannot be read in isolation from section 90 of the Land Act which equally provides remedies for a chargee in the event of default by chargor.…

…That despite the fact that the applicants are in default a fact not in dispute, they have not taken any steps to remedy the default nor challenged the validity of the Statutory Notices issued. 11.…

…That leaves me with the equitable remedy of specific performance as the most appropriate remedy under the circumstances. 53.…

…The defendants are therefore entitled to the equitable remedy of specific performance as prayed in their respective counterclaims.…

…available under any other written law are first exhausted. (3) The High Court or a subordinate Court shall, if it is not satisfied that the remedies referred to in subsection (2) have been exhausted, direct that applicant…

…shall first exhaust such remedy before instituting proceedings under sub-section (1). (4) Notwithstanding subsection (3), the High Court or a subordinate Court may, in exceptional circumstances and on application by the…

…That Clause 4 of the Consent Agreement categorically provided that “Upon default of any instalment, the entire balance becomes immediately due and payable and the Authority may pursue any remedies available under the Lease…

…By the term irreparable injury is meant injury which is substantial and could never be adequately remedied or atoned for by damages, not injury which cannot possibly be repaired and the fact that the plaintiff may have a…

…Nevertheless, the law of defamation itself recognizes damages as the primary remedy for injury to reputation.…

…The plaint before the Court seeks general, aggravated and exemplary damages, thereby acknowledging that monetary compensation remains an available remedy should liability ultimately be established. 17.…

…It is an equitable remedy that is only available to a deserving party at the discretion of the court; 2. A party who seeks for extension of time has the burden of laying a basis to the satisfaction of the court; 3.…

…An extension of time is considered an equitable remedy, and it is a well-established principle that equity favors those who act diligently, while delay undermines the principles of equity.…

…That the applicant seeks an equitable remedy whereas he comes to Court with unclean hands as he is in default of payment of the loan owed to the defendant. 11.…

…By the term irreparable injury is meant injury which is substantial and could never be adequately remedied or atoned for by damages, not injury which cannot possibly be repaired and the fact that the plaintiff may have a…

…, and the lessee has failed to remedy the breach within thirty days thereafter, if it is capable of remedy, and to make reasonable compensation in money.” 37.…

…The purpose of the notice is to grant the lessee the opportunity to remedy the breach. In the instant case, it is clear that the defendant has no financial capability as of today to remedy the breach. 38.…

…It is trite law that the remedy of striking out is a discretionary one that the court should use sparingly.…

…Similarly, in Water Resources Management Authority v Kensalt Limited [2016] KECA 624 (KLR), it was held that: “Because of its far-reaching and drastic nature, the remedy of striking out any pleadings is resorted to very sparingly…

…, requiring the lessee to remedy the breach within such reasonable period as is specified in the notice; and (c) in any case other than non-payment of rent, requiring the lessee to make compensation in money for the breach…

…, and the lessee has failed to remedy the breach within thirty days thereafter, if it is capable of remedy, and to make reasonable compensation in money.”…

…The court takes the view that even if the compulsory acquisition had taken place in 2010 before the suit was filed, the only remedy which the plaintiff would have obtained was compensation for the market value of the suit…

…That is the remedy the plaintiff ultimately obtained upon compulsory acquisition in 2022 or thereabouts. 11.…

…, requiring the lessee to remedy the breach within such reasonable period as is specified in the notice; and (c) in any case other than non-payment of rent, requiring the lessee to make compensation in money for the breach…

…, and the lessee has failed to remedy the breach within thirty days thereafter, if it is capable of remedy, and to make reasonable compensation in money.” 35.…

…Even when a contract is valid and enforceable, specific performance will however not be ordered where there is an adequate alternative remedy.…

…In this respect damages are considered to be an adequate alternative remedy where the claimant can readily get the equivalent of what he contracted for from another source.…

…Even where a contract is valid and enforceable, specific performance will not be ordered where there is an adequate alternative remedy.…

…Every breach gives rise to a claim for damages and may give rise to other remedies.…

…In other words, if damages recoverable in law is an adequate remedy and the respondent is capable of paying, no interlocutory order of injunction should normally be granted, however strong the applicant’s claim may appear…

…It is where there is doubt as to the adequacy of the respective remedies in damages available to either party or both that the question of balance of convenience would arise.…