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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.…

…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.…

…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.…

…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…

…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…

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

…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…

…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.…

…Mr Oraro would have been entitled to ask for an adjournment apart from other remedies available to him but learned counsel has elected to proceed and he has a copy of the plaint.…

…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.…

…The Petitioners did not therefore serve the 1st Respondent and they did not exhaust all the available remedies before ling this petition.…

…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.…

…For the law to prescribe that the commission of any unlawful act in the course of a contract should inevitably deprive the wrong doers of all contractual remedies might well inflict on the wrong doer a loss far in excess…

…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.…

…Mr Chunga argued that Prohibition ought not to be granted where alternative remedies are available to an applicant. He said the applicant would be entitled to defend himself.…