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…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 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.…

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

…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…

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

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

…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.…

…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…

…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…