Judgment[1991] KECA 13
Case law
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Division and case type: CivilCivil Appeal
…remedies - specific performance - matters the courts will consider in granting such remedy.…
…Being an equitable remedy, the court has to consider all the circumstances including the conduct of the parties and whether in all the circumstances an applicant is entitled to equitable relief. 2.…
Division and case type: Milimani Commercial CourtsCivil Case
…The application is based on the grounds that the plaintiff has failed to prosecute its suit within reasonable time after obtaining the injunction; that the plaintiff is enjoying an equitable remedy whilst it is not displaying…
Division and case type: Milimani Commercial CourtsCivil Case
…I remind myself that an injunction is a great and beneficial equitable remedy.…
Division and case type: CivilCivil Appeal
…The remedy of specific performance is an equitable remedy and it is also a discretionary one.…
Division and case type: Milimani Commercial CourtsCivil Case
…The learned Judge then proceeded to state as follows with regard to what an applicant must prove in order to be granted an injunction:- The burden thus put on the litigant seeking the equitable remedy of injunction is a heavy…