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

…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right;…

…all cases where there is a specific legal right and no specific legal remedy for enforcing that right; and it may issue in cases where, although there is an alternative legal remedy, yet that mode of redress is less convenient…

…Secondly, though forfeiture is not an equitable remedy and is strictly a common law remedy based on contractual terms in the present situation, in its plaint, the plaintiff has, despite outlining all kinds of breach, sought…

…, and the lessee has failed to remedy the breach within thirty days thereafter, if it is capable of remedy, and to make reasonable compensation in money.”…

…It is a remedy used when there is a failure to perform a public duty, and the applicant has a clear legal right to its performance.…

…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right or no specific legal remedy for enforcing that right;…

…The Respondents prayers pivoted on specific performance which is an equitable remedy.…

…However, this courts mind is drawn to the principles which govern equitable remedies more so that a Court of law will ordinarily not grant this remedy if there is another adequate remedy available to the aggrieved party,…

…JR as a remedy is available, in appropriate cases, even where there are alternative legal or equitable remedies. See David Mugo t/a Manyatta Auctioneers –versus Republic – Civil Appeal No. 265 of 1997 (UR).…

…JR being a discretionary remedy, it demands that whoever seeks to avail itself/himself/herself of this remedy has to act with candour or virtue and temperance.…

…Counsel added that the order of mandamus in judicial review is an equitable remedy that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays, and that the…

…Mandamus is a discretionary remedy, which a court may refuse to grant even when the requisite grounds for it exist.…

…That the acts that the Applicant sought to compel were discretionary and that the Applicant had failed to exhaust alternative remedies.…

…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right;…

…this Honourable Court ought to discourage invocation of the trial process where there is an alternative statutory remedy.…

…According to the respondent, it is a cardinal principle that where there exists an alternative remedy under statutory law or otherwise, then such a remedy should be pursued instead of invoking the jurisdiction of any Court…

…The Court has to weigh one thing against another to see whether or not the remedy is the most efficacious in the circumstances obtaining.…

…of Judicial Review even where a substantive foundation has been laid because administrative law remedies are inherently discretionary.…

…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right;…

…and it may issue in cases where, although there is an alternative legal remedy, yet that mode of redress is less convenient, beneficial and effectual.’’…

…Specific performance remains the most appropriate remedy for such agreements. 23.…

…The remedy of specific performance stems from the provisions of the Sale Agreement.…

…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right;…

…(as he then was) discussed the test for mandamus as follows: Mandamus is an equitable remedy that serves to compel a public authority to perform its public legal duty and it is a remedy that controls procedural delays.…

…The Court has to weigh one thing against another to see whether or not the remedy is the most efficacious in the circumstances obtaining.…

…of Judicial Review even where a substantive foundation has been laid because administrative law remedies are inherently discretionary.…

…Even when a contract is valid and enforceable, specific performance will however not be ordered where there is an adequate alternative remedy.…

…In this respect damages are considered to be an adequate alternative remedy where the claimant can readily get the equivalent of what he contracted for from another source.…

…I am aware that the existence of an alternative remedy or procedure may not oust the jurisdiction of the court.…

…Where there exists alternative remedy through statutory law, then it is desirable that such a statutory remedy should be pursued 1st.” 19.…

…Even where a contract is valid and enforceable, specific performance will, however, not be ordered where there is an adequate alternative remedy.  …

…In this respect damages are considered to be an adequate alternative remedy where the claimants can readily get the equivalent of what he contracted for from another source.  …

…Its purpose is to remedy the defects of justice and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right or no specific legal remedy for enforcing that right;…

…remedy, yet the mode of redress is not convenient, beneficial and effectual.” 23.…

…The principles that guide the Court when dealing with an application for judicial review remedy of mandamus was stated in the Court of Appeal case of Commission on Administrative Justice vs Kenya Vision 2030 Delivery Board…

…remedy, yet the mode of redress is not convenient, beneficial and effectual.”…