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…- 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.…

…The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff. 15.…

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

…The appellant clearly had alternative remedies; 3.…

…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.…

…strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained provisions regarding the duration …” It goes on to prescribe the remedies…

…In this case the plaintiff is not entitled to any remedy because there was no breach on the part of the defendant, even if those remedies were available to it under the law.…

…PLAINTIFF VERSUS APOLLO BWONYA ORODHO RINAH ORODHO BWONYA EDWARD CHARLES OHARE ………………DEFENDANTS JUDGMENT This is a suit for equitable remedies of injunction and declaration, and, also, for general damages based on an act…

…were not entitled to increase rent for the suit flat or to evict her without the consent of the Tribunal, it was not open to her to institute other proceedings before this court praying for more or less precisely the same remedies…

…satisfied that there remained an inherent power to set aside the dismisals if the requirements of justice so demanded the exercise of that power, as for instance of limited rendered the prescribed remedy futile.…

…Mr Inamdar, with his usual clarity of expression and persuasiveness, has cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation…

…To this instance I find that the plaintiff have no remedy in applying for an injunction. The City Council of Nairobi is a local authority and like the Government no injunction may lie against it and its officers.…

…The remedy would be with an application by way of a judicial review.…

…I think that it is settled law that an applicant seekingan equitable remedy of injunction, must come to court with cleanhands.…

…Where in a suit filed by several Plaintiffs all seekingan equitable remedy, it is shown as in this case, that one of themis acting maliciously in the case in furtherance of other interestsnot disclosed in their joint Plaint…

…However it should not be lost sight of the fact that the innocent party has remedies against the guilty party to which he may have recourse.…

…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.…

…Both Mr Onyancha and Kathungu submitted that the remedy of CERTIORARI was not available because the applicant had an alternative remedy - to appeal to the Provincial Land Control Appeals Board and that he also had filed a…

…The Court of Appeal IN CIVIL APPEAL NO. 265 of 1997 (Supra) has held that the existence of an alternative remedy is no bar to the granting of an order of certiorari.…

…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.…

…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…

…only possible course is to allow the application, set aside the eviction order granted by Aganyanya J which was in the same case as the consent order recorded by Cotran J, in 1979, leaving the respondents to pursue their remedies…

…the employer is entitled to appoint a sub-contractor and obliges the contractor to accept such a sub-contractor, the employer should be responsible for any misdeeds of such a sub-contractor and should be subject to same remedies…

…only possible course is to allow the application, set aside the eviction order granted by Aganyanya J which was in the same case as the consent order recorded by Cotran J, in 1979, leaving the respondents to pursue their 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…

…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).…