Search court decisions

…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.…

…with subsection(1) has expired; (ii)the court may, at its discretion, stay a suit brought under paragraph (a) or paragraph (b), notwithstanding any agreement to the contrary, until the chargee has exhausted all his other remedies…

…The courts, Mr Otumba said in effect, should not be astute to ascribe to the criminal law matters which in reality only amounted to breaches of civil contracts or agreements, for which there existed adequate remedies by way…

…There are other remedies available to him if his claim is sustained and we note that he has also asked for damages.…

…A defendant sued in breach of a Scott v Avery provision thus has a choice of remedies. In law, he is entitled to bide his time and rely on the Scott v Avery point at the trial.…

…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.…

…That remedy can only call into the High Court and quash a decision which has been taken.…

…In any case I am myself of the clear view that in certain circumstances a declaratory suit may well be a far more efficacious remedy than one by way of judicial review. In my view this complaint is groundless.…

…There was a remedy in the previous suit where contempt of court proceedings could have been pursued. · The issues decided by the court on the duties of the Sugar Board under the Sugar Act and the interplay between the Act…

…It is common ground that all remedies available upon judicial review are discretionary.…

…Mr Guram submitted further that if there be breach of the duty and obligations of the respondents in respect of any disclosure of condential information, the appellants remedies, other than injunctions, lay elsewhere.…