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…- specific performance - matters the courts will consider in granting such remedy.…

…Being an equitable remedy, the court has to consider all the circumstances including the conduct of the parties and whether in all the circumstances an applicant is entitled to equitable relief. 2.…

…It becomes clear therefore that section 459 and 461 remedies were brought in to ameliorate the “harshness” of the restrictive remedy given by section 210.…

…available to him; that is, that he has a remedy under section 210, or now section 75.…

…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.…

…an alternative remedy’ to section 219(f).…

…The appellant clearly had alternative remedies; 3.…

…Njuguna’s main argument simply is that when damages are an adequate remedy and that when mode of calculating such damages is agreed, the court ought to consider that damages are an adequate remedy.…

…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.…

…The continuation in the paragraph therein referred to, is: “If on the other hand, damages would not provide an adequate remedy for the plaintiff in the event of his succeeding at the trial, the court should then consider…

…The two approaches therefore overlap as far as the third principle in Giella’s case is concerned on the question of convenience, and also on the second principle concerned with the question of damages being a sufficient 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.…

…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…

…quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to remedy…

…quantum of damages for the loss of an eye was a matter of public importance in view of the widely disparate awards that have so far been given in Kenya, and that he should, at the very least, be given an adjournment to remedy…

…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…

…The grant of an interlocutory injunction is a remedy that is both temporary and discretionary.…

…The remedy of specific performance is an equitable remedy and it is also a discretionary one.…

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

…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…

…Njuguna argued, it had not been proved that damages were not an adequate remedy.…