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…Plaintiffs counsel said the application is mischievous and is an abuse of the court process for it seeks to deny the plaintiff remedy against the other defendants.…

…He in particular said that the remedy he has against the 3rd and 4th defendants is for recovery of judgment entered in default against those defendants.…

…unable to decide on the basis contradictory affidavit evidence whether the Defendant was misled by the Plaintiff’s Advocate as alleged, I am of the view that such excuse is a poor one and if true entitles the Defendant to a remedy…

…Mr Khamati for the respondent argued that the applicants had been given ample notice; that both rules of natural justice and the CPK’s Constitution had been complied with; that only remedy open to the applicants was to appeal…

…His remedy if he is unlawfully dismissed is in damages.…

…defendant (see the defendant’s advocate’s letter dated 5.1.89) and the arbitration process does not provide a procedure for protecting such interest pending the determination of the dispute through the process, his only remedy…

…That issue, as has been repeated, again and again by this court has been resolved and the only remedy available to the Applicant is to file an appeal to the Court of Appeal.…

…support of this contention, he referred the court to the cases of Charles Forta Investments vs Amanda (1963) 2 All ER 940, Re: A Company (1894) 2 Ch. 349 and WC 57 of 1987 in which it was stated that petition is not a proper remedy…

…As in injunction is an equitable remedy, a condition of equal importance with the above three is that the conduct of applicant must meet the approval of a Court of Equity.…

…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…

…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…

…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…

…The remedy for errors of these kinds is to appeal to a higher court. Where there is no higher court to appeal to then none can say there was an error...”…

…On 20/2/98 the plaintiffs filed this suit against the defendants claiming a liquidated claim of Kshs 45,759,318.00, interest and (a) above from 3rd May 1997 until payment in full, costs of this suit and any other remedy that…

…(c) Costs of this suit (d) Any other remedy that this honourable court may find just and fit to grant. 3. That the respondents be condemned to pay costs of the application.…