Search court decisions

…That issue, as has been repeated, again and again by this court has been resolved and the only remedy available to the Applicant is to file an appeal to the Court of Appeal.…

…That issue, as has been repeated, again and again by this court has been resolved and the only remedy available to the Applicant is to file an appeal to the Court of Appeal.…

…support of this contention, he referred the court to the cases of Charles Forta Investments vs Amanda (1963) 2 All ER 940, Re: A Company (1894) 2 Ch. 349 and WC 57 of 1987 in which it was stated that petition is not a proper remedy…

…The remedy of temporary injunction is not declartory of the law .…

…The applicant to succeed must persuade the Court of the inadequacy of other remedies. If other remedies are adequate, no injunction. If they are inadequate, then the Court considers discretionary factors.…

…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…

…As in injunction is an equitable remedy, a condition of equal importance with the above three is that the conduct of applicant must meet the approval of a Court of Equity.…

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

…To remit the maintenance of constitutional right to the regaining judicial discretions is to shift the foundation of freedom from Rock to sand…” In principle the petitioner had exhausted his right of appeal remedy by challenging…

…(k). where the petitioner has opted to pursue other available remedies, the outcome of such avenue and (l). the representation of the victim where applicable. (2).…

…that if any poundbreach or rescous shall be made of any goods and chattels, or stock detrained for rent and impounded or otherwise secure by virtue of this Act, the person or persons aggrieved thereby shall have the like remedy…

…Civil Appeal No. 65 of 1982 un-reported); that it is usual in the case of contracts for sale of immovable property for the court to hold that damages is not an adequate remedy and to order specific performance.…

…I think that a court of equity, will not normally withhold the remedy of specific performance from an applicant seeking to enforce a contract relating to land or interest in land unless there is anything in the contract or…

…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 the case of Kigoroglo v Ruesherika [1969] EA 426 the Court said: “Where a remedy is elsewhere provided and available to a person to enforce an order to a criminal court in his favour I see no valid reason why he should…

…When the Speaker made the ruling the subject of this petition, he was acting within the standing orders and the privilege accorded to him is absolute and whether parliament acts properly or not the remedy lies in Parliament…

…When the Speaker made the ruling the subject of this petition, he was acting within the standing orders and the privilege accorded to him is absolute and whether parliament acts properly or not the remedy lies in Parliament…

…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.…

…There is no doubt that the remedy of Judicial Review is different from an appeal because what Judicial Review deals with is the process by which the decision was arrived at but not the merits of the Board’s decision.…