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…That the petition and application offend the doctrine of constitutional avoidance as there is sufficient remedy under ordinary civil jurisdiction to remedy the petitioner’s claims and she should not have approached the Court…

…That she ought to have sought remedy within 5 months in accordance with the Mental Health Act which time has lapsed. 16.…

…In order to determine this Application, it is necessary to consider the remedies provided in the DPA and whether they offer sufficient and adequate remedy for the violations alleged by the Petitioner. 15.…

…Black’s Law Dictionary, Tenth Edition defines exhaustion as follows: “exhaustion of remedies”.…

…The issue that arises is whether the judicial review proceedings before the High Court offended the doctrine of exhaustion of remedies.…

…The question of exhaustion of administrative remedies arises when a litigant, aggrieved by an agency's action, seeks judicial review of that action without pursuing available remedies before the agency itself.…

…DOCTRINE OF EXHAUSTION OF REMEDIES AND CONSTITUTIONAL AVOIDANCE 15.…

…doctrine, exhaustion of administrative remedies; exhaustion doctrine.” 25.…

…available under any other written law are first exhausted. (3) The High Court or a subordinate Court shall, if it is not satisfied that the remedies referred to in subsection (2) have been exhausted, direct that applicant…

…shall first exhaust such remedy before instituting proceedings under sub-section (1). (4) Notwithstanding subsection (3), the High Court or a subordinate Court may, in exceptional circumstances and on application by the…

…Section 103 is on application for relief, by the chargor; and section 104 is on the powers of the court, in respect of the remedies and reliefs available to any applying chargor.…

…The Banking Act, and, indeed, any other money lending legislation, if any, does not carry any provisions on charges, and remedies and reliefs around them. 17.…

…It was further argued that reliance on remedies under the Insolvency Act was misplaced, since those remedies are only available to corporations whose Directors have not abused the corporate form.…

…On statutory remedies, the Appellant argued that the Insolvency Act, 2015 provides a clear framework for addressing companies in financial distress. 36.…

…The 1st Respondent’s remedies now stand fully crystallized and the Applicant has no other remedy available to them outside regularizing his accounts with the Bank.…

…Counsel urged that the provisions of Section 90(2)(e) mandates that the notice must notify the chargor of: "the right of the chargor in respect of certain remedies to apply to the court for relief against those remedies."…

…The Applicants seek the remedies of declaration, certiorari and prohibition in respect of the orders issued on 27th August 2025 by in Nyamira MCCC E196 of 2025. Background 2.…

…She argues that the Applicants had recourse to appropriate remedies before the trial court—such as an application to set aside, vary, or stay the ex parte orders under the Civil Procedure Rules, or by way of an appeal—but…

…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.…

…, exempt such person from the obligation to exhaust any remedy if the court considers such exemption to be in the interest of justice.” 28.…

…He then submitted that the award of 313,713/- to the Respondent was contrary to established legal principles governing contractual obligations and statutory remedies available to a secured creditor in the event of default…

…Counsel then referred to the remedies availed to a secured creditor under Section 67 of the Movable Property Security Rights No. 13 of 2017, particularly Section 67(d) and (d), which allow taking of possession and selling…

…This principle has been consistently applied to emphasize that striking out is a drastic remedy to be exercised sparingly. Misjoinder of parties 16.…

…The Court further held that, post-2010 Constitution, the two remedies may overlap.…

…Lewis [ 1956] WLR 555, where the Court of Appeal held that the remedies available to a chargee must be those expressly provided by the statute or contract and that courts should not innovate or create new remedies outside…

…referred to in this section in accordance with the procedures provided for in this sub-part; and (e) the right of the chargor in respect of certain remedies to apply to the court for relief against those remedies. (3) If…

…The PO was premised on the doctrine of exhaustion of remedies.…

…(iii) Whether the doctrine of exhaustion of remedies was properly applied in the circumstances of this case. (iv) What orders should issue. G.…

…Black’s Law Dictionary, Tenth Edition defines exhaustion as follows: “exhaustion of remedies”.…

…Inadequacy of the remedy available in alternative dispute resolution mechanisms is one such exception. 25.…

…Lewis [ 1956] WLR 555, where the Court of Appeal held that the remedies available to a chargee must be those expressly provided by the statute or contract and that courts should not innovate or create new remedies outside…

…referred to in this section in accordance with the procedures provided for in this sub-part; and (e) the right of the chargor in respect of certain remedies to apply to the court for relief against those remedies. (3) If…

…(as he then was), expressed himself in the following terms: “Conservatory orders in my view are not ordinary civil law remedies but are remedies provided for under the Constitution, the Supreme law of the land.…

…They are not remedies between one individual as against another but are meant to keep the subject matter of the dispute in situ. Therefore, such remedies are remedies in rem as opposed to remedies in personam.…

…That court heard the matter, evaluated the administrative steps, and granted definitive final remedies—certiorari and mandamus—restoring the Petitioner's tax exemption privileges. 11.…

…In constitutional jurisprudence, a monetary award is a residual remedy of last resort, applicable only when no other relief can vindicate or restore the infringed right.…

…Speaker of the National Assembly & Another [2013] eKLR it was held: - “Conservatory orders in my view are not ordinary civil law remedies but are remedies provided for under the Constitution, the Supreme law of the land.…

…They are not remedies between one individual as against another but are meant to keep the subject matter of the dispute in situ. Therefore, such remedies are remedies in rem as opposed to remedies in personam.…

…Speaker of the National Assembly & Another [2013] eKLR it was held: - “Conservatory orders in my view are not ordinary civil law remedies but are remedies provided for under the Constitution, the Supreme law of the land.…

…They are not remedies between one individual as against another but are meant to keep the subject matter of the dispute in situ. Therefore, such remedies are remedies in rem as opposed to remedies in personam.…