Search court decisions

…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…

…unable to decide on the basis contradictory affidavit evidence whether the Defendant was misled by the Plaintiff’s Advocate as alleged, I am of the view that such excuse is a poor one and if true entitles the Defendant to a remedy…

…Khanna for EABS submitted at the hearing of the application that the superior court had no jurisdiction to order the matter to be heard de novo; that the applicant had no remedy and that he should accept the judgment as it…

…Khanna that the appeal cannot be heard without the tribunal record but I do not agree with him that this court has no powers to do anything in the matter and that it should send the Appellant away without remedy.…

…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.…

…As in injunction is an equitable remedy, a condition of equal importance with the above three is that the conduct of applicant must meet the approval of a Court of Equity.…

…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).…

…that if any poundbreach or rescous shall be made of any goods and chattels, or stock detrained for rent and impounded or otherwise secure by virtue of this Act, the person or persons aggrieved thereby shall have the like remedy…

…Civil Appeal No. 65 of 1982 un-reported); that it is usual in the case of contracts for sale of immovable property for the court to hold that damages is not an adequate remedy and to order specific performance.…

…I think that a court of equity, will not normally withhold the remedy of specific performance from an applicant seeking to enforce a contract relating to land or interest in land unless there is anything in the contract or…

…In the case of Kigoroglo v Ruesherika [1969] EA 426 the Court said: “Where a remedy is elsewhere provided and available to a person to enforce an order to a criminal court in his favour I see no valid reason why he should…

…The Applicant should further show that irreparable injury will occur to him if the injunction is not granted and there is no other remedy open to him by which he will protect himself from the consequences of the apprehended…

…the substantive nature of these shortcomings, it was not enough for the superior court below to lament that the petition before it was not the “epitome of precise, comprehensive, or elegant drafting,” without requiring remedy…

…The Applicant should further show that irreparable injury will occur to him if the injunction is not granted and there is no other remedy open to him by which he will protect himself from the consequences of the apprehended…

…the substantive nature of these shortcomings, it was not enough for the superior court below to lament that the petition before it was not the “epitome of precise, comprehensive, or elegant drafting,” without requiring remedy…

…The Applicant should further show that irreparable injury will occur to him if the injunction is not granted and there is no other remedy open to him by which he will protect himself from the consequences of the apprehended…

…the substantive nature of these shortcomings, it was not enough for the superior court below to lament that the petition before it was not the “epitome of precise, comprehensive, or elegant drafting,” without requiring remedy…

…We also held that it would be unfortunate in a case of personal injury if a plaintiff, who has otherwise proved his case, is deprived of his remedy due to the niceties of pleading.…

…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.…

…has jurisdiction on this matter, I do not have to determine the issues of the appropriateness of the Petition procedure in accommodating the need for viva voce evidence and the impact of the availability of alternative remedy…

…In Woodfall on Landlod and Tenant 26th edition vol. 1 at page 568 paragraph 1344 under the remedy for “unreasonable refusal to consent”, there is this: “The lessor must be given a reasonable time during which he can consider…