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…The brief point, which is trite law, is that just like in any suit, there must be prayer or prayers, for the desired relief or remedy or remedies, and the court cannot grant a relief or remedy that is not prayed for.…

…satisfied that there remained an inherent power to set aside the dismisals if the requirements of justice so demanded the exercise of that power, as for instance of limited rendered the prescribed remedy futile.…

…Mr Inamdar, with his usual clarity of expression and persuasiveness, has cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation…

…To this instance I find that the plaintiff have no remedy in applying for an injunction. The City Council of Nairobi is a local authority and like the Government no injunction may lie against it and its officers.…

…The remedy would be with an application by way of a judicial review.…

…(c) The Plaintiff’s suit will rendered nugatory if no orders are granted as the 1st Defendant is domiciled overseas and damages will not be an adequate remedy.…

…He further submitted that there was no wrongdoing, contractually or in tort, against the 3rd Defendant for which the remedy sought has been prayed for.…

…I remind myself that an injunction is a great and beneficial equitable remedy.…

…interlocutory injunctive relief will be available only to either those with demonstrable legal or equitable rights in danger of violation or which have actually been violated in situations where damages would be an inadequate remedy…

…I think that it is settled law that an applicant seekingan equitable remedy of injunction, must come to court with cleanhands.…

…Where in a suit filed by several Plaintiffs all seekingan equitable remedy, it is shown as in this case, that one of themis acting maliciously in the case in furtherance of other interestsnot disclosed in their joint Plaint…

…It appears that shortly after the report was received the appellant had tried to remedy the situation. Unfortunately the doors he delivered to PW 4 were old ones and were positively identified by the complainant as his.…

…Whether the appellant’s right to fair trial under Article 50 (2) (f) and (k) of the Constitution was violated, and if so, what is the appropriate remedy. ii.…

…Whether the appellant’s right to fair trial under Article 50 (2) (f) & (k) of the Constitution was violated, and if so, what is the appropriate remedy. 10.…

…He urged the court to grant appropriate remedy. 5. The appellant further argued that the evidence in support of identification tendered by the prosecution was insufficient to sustain the conviction.…

…his constitutional rights by being held beyond the stipulated constitutional period contrary to Article 49(1)(f)(i)(ii) of the Constitution and prayed for this court to exercise its constitutional jurisdiction and grant a remedy…

…strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained provisions regarding the duration …” It goes on to prescribe the remedies…

…In this case the plaintiff is not entitled to any remedy because there was no breach on the part of the defendant, even if those remedies were available to it under the law.…

…The breach could logically give rise to a civil remedy – money compensation as stipulated in section 72(6). That is the appropriate remedy which the appellant should have sought in a different form.”…

…Instead, the Appellant would be at liberty to seek remedy, in damages, for the violation of his constitutional rights. In the premise therefore, I find no basis to consider the issue fatal to the prosecution’s case.…

…The application is based on the grounds that the plaintiff has failed to prosecute its suit within reasonable time after obtaining the injunction; that the plaintiff is enjoying an equitable remedy whilst it is not displaying…

…For sometime now, the courts have held that a dispute as to how much is payable in respect of the principal sum or interest cannot avail a litigant in the plaintiff’s position the remedy of an injunction.…

…It argued that bail pending appeal was, therefore, not a constitutional entitlement but a discretionary remedy that was only exercisable in appropriate cases under section 357 (1) of the Criminal Procedure Code. 14.…

…It is trite law that bail pending appeal remained an exceptional remedy.…

…The breach could logically give rise to a civil remedy – money compensation as stipulated in section 72(6). That is the appropriate remedy which the appellant should have sought in a different form.…

…Instead, the Appellant would be at liberty to seek remedy, in damages, for the violation of his constitutional rights. In the premise therefore, I find no basis to consider the issue fatal to the prosecution’s case.…

…guarantees the right to bail pending charge or trial, that right does not extend to a person who has been convicted and sentenced by a court of competent jurisdiction, bail pending appeal being a statutory and discretionary remedy…

…Laban Idiah Nyamache (2011) eKLR Kisii, HCCA No. 141 of 2009 where the High Court held that striking out a defence was such a drastic remedy that required good reasons before it could be effected.…

…It is a procedure, which is intended to give a quick remedy to a party which is being denied its claim by what may be described as a sham defence.…

…The inability of a defendant to pay damages would not of itself be sufficient ground for holding that the plaintiffs remedy might be illusionary or might be irreparable.…

…The defendants’ counsels have urged before me that the remedy of injunction is no longer available to the plaintiff because the shares forming the subject of the suit have, prior to the commencement of the suit, been transferred…

…If the appeal succeeded, the order to be made would automatically render the proceedings in the High Court unnecessary but an appropriate order for costs would remedy that.…

…continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may make an appropriate order for costs to remedy…