Search court decisions

…I cannot say whether if a court were satisfied that a breach of the Union’s rules had occurred, it would grant a remedy if any.…

…In view of this observation I would be doubtful if a court of law would want to give a remedy which could be reversed by the Union soon thereafter. Its labour would have been in vain.…

…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.…

…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.…

…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.…

…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…

…All he does is to say that the claim as stated does not afford the Plaintiff any remedy in law (see generally Mukisa Biscuit Manufacturing Co., Ltd V.…

…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…

…This type of semi forcible dispossession is not a new thing in Kenya and the Court have found a remedy for it.…

…The remedies that the plaintiff has sought are equitable. Equity demands that he who comes to court must come with clean hands.…

…On the other hand, if the plaintiff is eventually able to establish his case against the second defendant or any other defendant, his remedy will be in damages.…

…All the Court of Appeal was saying is that if the driver is notmade a co-defendant and the court finds that the owner is not vicariouslyliable, then the injured party is left with no remedy because he cannot get aremedy from…

…It has not been so set aside and I think an application seeking this remedy would have little success.…

…Damages would therefore be an adequate remedy. I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…

…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…

…In such a case he thought the plaintiff’s remedy was apply to the High Court for further and better particulars of the grounds for the detention.…

…Since the object is to enable the detainee to know what is being alleged against him the remedy of the detainee is to seek further and better particulars.…

…injures thousands of Her Majesty’s subjects, then any one of those offended or injured can draw it to the attention of the courts of law and seek to have the law enforced, and courts in their discretion can grant whatever remedy…

…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…

…It is quite clear that the respondent has unlawfully been laying claim to the possession of the premises and has forcibly retained possession which his remedy is in a claim against the lessors for the rates paid which claim…

…The plaintiff had the liberty of bringing an application in any of the pending suits for a remedy.…

…acts of Jeremiah Kamau Gitau which consisted of entering into the consent judgment with others were done in course of professed administration of the estate and they, are, therefore, binding on the estate and that the only remedy…