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…Where there is a remedy in Civil Law, a party should pursue that remedy and I say so well aware of the decision in Haco Industries (supra) where the converse may have been expressed as the position.…

…is apparent that the allegation is frivolous or vexatious or an abuse of the process of the court as being made solely for the purpose of avoiding the necessity of applying in the normal way for the appropriate judicial remedy…

…reason petition must fail; petition must also fail inter alia as the avenue for filing appeal was available to the petitioners; court would not commonly entertain a constitutional petition where there exists alternative remedies…

…A court would not commonly accept a Constitutional petition where the alternative remedy of appeal exists.…

…Furthermore, in Zinj's Case (supra), it was held that, since the Government had already assigned parts of Zinj's land illegally to third parties: "The most appropriate remedy in our view was an award of damages...." 24.…

…Similarly, because the Respondent provides medical services to many third parties from the facility on the suit property, the most effective remedy is an award of damages rather than evicting the Respondent or demolishing…

…but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory, damages would be sufficient remedy…

…All she appears to say is that even if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis…

…The seeking of prerogative orders should not have been mixed with the remedy of cancellation of title on allegations of fraud, which remedy is ordinarily available in a civil suit.…

…The doctrine of Constitutional avoidance therefore, deals with instances where a court will decline to deal with a matter because there exists another remedy provided in law which the party is yet to utilize.  …

…Where there is a remedy in Civil Law, a party should pursue that remedy and I say so well aware of the decision in Haco Industries (supra) where the converse may have been expressed as the position. …

…He avers that substantive steps to hear the appeal have been made and that no prejudice will be suffered which cannot be remedied by an award of costs. 5.…

…seeking stay of proceedings to point out what prejudice he/she will suffer if stay is not granted, and the Court must be persuaded that there will be a serious negative impact to the applicant or other party, which cannot be remedied…

…, Land Registration Act, Surveys Act and the Land (Assessment of Just Compensation) Rules, 2017. e) Although this Honorable Court has jurisdiction to hear this matter, the exhaustion doctrine dictates that all available remedies…

…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.…

…The 2nd Respondent submitted that the Petitioner did not exhaust the remedies set out in section 26 of the Land Consolidation Act Cap 283 and section 26 and 29 of the Land Adjudication Act Cap 284 to challenge or object to…

…John Harun Mwau vs Peter Gastrol & 3 others (2014) eKLR, the court discussed the principle of constitutional avoidance as follows-; “Courts will not normally consider a constitutional question unless the existence of a remedy…

…It will be noted that statutory Legal Remedies are based on common law – against environmental pollution are available under the law of TORT.  …

…What is the appropriate apportionment of liability and the scope of remedies in such disputes? 62.   …

…— a. colonial occupation; b. independence struggle; c. pre-independence treaty or agreement between a community and the government; d. development-induced displacement for which no adequate compensation or other form of remedy…

…On jurisprudence, it is now settled law and affirmed in the Supreme Court of Kenya decision of Benard Murage vs Fine Serve Africa Limited & 3 Others (2015) eKLR that where there exists an alternative remedy through statutory…

…He submitted that instead the petition seeks a declaration of ownership and possession, remedies that properly lie in an ordinary suit; that Communications Commission of Kenya & 5 Others V Royal Media Services Limited & 5…

…I am aware that the existence of an alternative remedy or procedure may not oust the jurisdiction of the court.…

…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…

…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.…

…As I have said, the 10th Respondent, if genuinely deprived of the suit property by the 5th to 9th Respondents, can approach this Court via a plaint and get the desired remedy. 16.…

…Looking at the said petition, the main remedy sought for is a permanent injunction restraining the 1st respondent from using the suit property for an LPG project.…

…Counsel for the petitioner has claimed that the remedies sought by the petitioner cannot be issued by the National Land Commission, and hence the petition is properly before this court.…

…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…

…that apply therefore for an order of mandamus to issue are firstly, that the court will issue a mandatory order if it concludes that it is the only decision lawfully open to the public body, and there is no other legal remedy…

…that is available to remedy the infringement of a legal right.…

…They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly…... the law of limitation is thus founded on public policy.…