Search court decisions

…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.…

…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.…

…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…

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

…The appellant clearly had alternative remedies; 3.…

…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 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…

…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…

…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…

…Khanna that the appeal cannot be heard without the tribunal record but I do not agree with him that this court has no powers to do anything in the matter and that it should send the Appellant away without remedy.…

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

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

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

…As we have said earlier the grounds of appeal relating to specific performance have not been persued since the respondent has, subsequent to the trial judge’s refusal of that remedy, voluntarily executed a transfer of the…

….; that the applicant had not complied with the order of Muli J.A; that all told the applicant had been dilatory and that as such the applicant deserved no further remedy.…

…The respondent having been served with the record of appeal, it cannot be that he is without a remedy.…

…It follows that once an employee has been dismissed, whether rightly or wrongly, the dismissal stands, and if the contract has been broken by the employer, damages for breach of contract is the remedy to which the employee…

…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.…

…It does not make sense to allow an absent plaintiff under rule 2 to apply under rule 8 to set aside a dismissal and to deny him a similar remedy when he was absent under rule 4(1).…

…It is a remedy that is both temporary and discretionary.…

…Where, however, there is doubt as to the adequacy of the respective remedies in damages available to either party or to both, the question of balance of convenience then arises.…