Case law
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Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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).…
Division and case type: CivilCivil Appeal
…The plaintiff can pursue his remedies on contract of employment. The period of limitation in respect of cause of action founded on contract had not expired when this suit was filed. The plea of limitation fails.…
…It does not divest any person of rights recognized by law; it limits the period within which a person can obtain a remedy from the courts for infringement of them.…
Division and case type: Environment and LandPetition
…The Petitioners did not therefore serve the 1st Respondent and they did not exhaust all the available remedies before ling this petition.…