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…In Judicial Service Commission v Speaker of the National Assembly & Another (2013) eKLR, conservatory orders were defined as follows: “Conservatory orders, in my view, are not ordinary civil remedies but are remedies provided…

…They are not remedies between one individual against another but are meant to keep the subject matter of the dispute in situ. Therefore, such remedies are remedies in rem as opposed to remedies in personam.…

…He was categorical that he was aware that the doctrine of exhaustion of administrative remedies required a person challenging an agency’s decision to first pursue the agency’s available remedies before invoking the jurisdiction…

…arose when a litigant, aggrieved by an agency’s action, sought redress from a court of law on an action without pursuing available remedies before the agency itself.…

…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…

…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.”…

…Section 103 is on application for relief, by the chargor; and section 104 is on the powers of the court, in respect of the remedies and reliefs available to any applying chargor.…

…The Banking Act, and, indeed, any other money lending legislation, if any, does not carry any provisions on charges, and remedies and reliefs around them. 17.…

…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.…

…cannot be adequately remedied by damages.…

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

…By a previous Notice of Motion dated 1st July 2023, VERONICA TATA OMUSE (the Applicant) sought various remedies against WENCELAS OGEMA ETARU (the Plaintiff/Respondent).…

…One of the remedies sought was for this Court to review the judgment delivered herein on 26th June 2019. That prayer was declined vide a ruling delivered on 21st November 2023. 2.…

…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…

…THAT this Honourable Court lacks the requisite jurisdiction to entertain the said Civil Suit prior to the exhaustion of all remedies available to the Plaintiff.…

…Four issues have been raised and argued, namely: Whether the instant Plaintiff’s suit is fatally defective for failing to exhaust avenues for remedies available under the Copyright Act, Cap. 130 Laws of Kenya?…

…The question of exhaustion of administrative remedies arises when a litigant, aggrieved by an agency's action, seeks redress from a Court of law on an action without pursuing available remedies before the agency itself.…

…that: 9(2) The High Court or a subordinate court under sub-section (1) shall not review an administrative action or decision under this Act unless the mechanisms including internal mechanisms for appeal or review and all remedies…

…section 9[2] of the Fair Administrative Action Act,2015 this honourable court shall not review an administrative action or decision of the Defendant unless the mechanism including internal mechanisms for appeal and all remedies…

…Section 23 is on decisions of the Authority, timelines for determination, communication and remedy where no decision is made.…

…Section 65 of the Data Protection Act actually prescribes various remedies in cases where the Data Commissioner finds that there is a violation or threat of violation of the provisions of the Act.…

…There exists an alternative remedy under Sections 56 and 64 of the Data Protection Act, 2019 as read with Regulation 3(a) and 4 of the Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021 available…

…The deponent urged that the Bank’s remedies now stand fully crystallized and the Borrower has no other remedy available to them outside regularizing his accounts with the Bank.…

…That the Borrower has brought the instant application with a view to unjustifiably impede the Bank from exercising its remedies as rightfully accrued by law.…

…(as he then was) in Waithaka v Industrial & Commercial Development Corporation [2001] eKLR, damages are not invariably an adequate remedy merely because the subject matter has a monetary value.…

…In those circumstances, I am not persuaded that damages alone would constitute an adequate remedy. Balance of Convenience 27.…

…That the doctrine of exhaustion of alternative remedies requires that the Plaintiff first exhaust statutory mechanisms before invoking the jurisdiction of this Court, relying on Speaker of the National Assembly v.…

…In support, the defendant invokes the doctrine of exhaustion of statutory remedies and cites Speaker of the National Assembly v.…

…The notices were asking the applicant to remedy the default within 3 months by paying the outstanding sum and his right to apply to court for relief.…

…referred to in this section in accordance with the procedures provided for in this sub-part; and (e) the right of the chargor in respect of certain remedies to apply to the court for relief against those remedies. (3) If…

…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.…

…They relied on the words on Justice Gikonyo in Albert Mario Corderio and another v Vishram Shamji [2015] eKLR where he stated that an injunction is an equitable remedy a court of equity would still deny the remedy sought…

…E016 of 2024 Mediheal Group Limited & Swarup Ranjan Mishra –Vs– Eshikhoni Auctioneers with a view to unjustifiably impede the Bank from exercising its remedies as rightfully accrued by law and frustrate the 2nd Respondent…