Case law
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Division and case type: High Court CivilCivil Appeal
…Whether the application has been brought without undue delay. 7.…
…The application has been made without undue delay . c. Such Security for due performance of the decree as the court may deem fit to order . 13.…
Division and case type: High Court CivilCivil Appeal
…It was urged that the application was filed without undue delay.…
…The application was filed without undue delay, as it was filed within 14 days.…
Division and case type: High Court CivilCivil Appeal
…The same include proof of substantial loss by the applicant if stay is not granted, provision of security for the due performance of the decree together with a demonstration that the application is made without undue delay…
…In the present case the application was made without undue delay as the judgment was delivered on the 5/5/26 and the application filed on the 5/6/26 which is exactly one month thereafter.…
Division and case type: High Court CivilCivil Appeal
…The application was filed with undue delay; and iii. Provide security for the due performance of the order or decree that may ultimately be binding. 6. Has the applicant satisfied the above test?…
…Whereas it is true that the application was filed without undue delay, it would appear to me that the Applicant hasn't shown what substantial loss he would suffer unless the stay orders was granted.…
Division and case type: High Court CivilCivil Appeal
…The application has been made without undue delay . c. Such Security for due performance of the decree as the court may deem fit to order . 6.…
…On whether the applicant has been made without undue delay. The judgment was delivered on 6.11.24 and the application was filed on 6.2.25 which is a difference of about 60 days .…
Division and case type: High Court CivilCivil Appeal
…The application was filed without undue delay; and c. Provide security for the due performance of the decree or order that may ultimately be binding.…
…In my view, the application was filed without undue delay. The appellant has offered to abide by any conditions this court may give when granting the orders sought.…
Division and case type: High Court DivCivil Appeal
…The Appellant/Applicants have to come to court within a reasonable period of time and without undue delay. The application will not occasion any prejudice to the Appellant/Applicant.…
…That the Appellant/Applicants have to come to court within a reasonable period of time and without undue delay. That the application will not occasion any prejudice to the Appellant/Applicant.…
Division and case type: High Court DivCivil Appeal
…delay and that the court will impose such security as the court may impose for the due performance of any decree or order as may ultimately be binding on the Applicant.…
…In the instant case, the applicant argued that the application was filed without undue delay.…
Division and case type: High Court CivilCivil Appeal
…That the application was filed without undue delay; and c. Provide security for the due performance of any order/decree that may ultimately be binding on it. 9.…
…There is no doubt that the application was filed without undue delay. Further, this court has discretion to impose a condition for granting a stay. 12. In my view, the application has merit.…
Division and case type: High Court CivilCivil Appeal
…The applicant also had to show that the application for stay was filed without undue delay. 11. Counsel urged that the application was filed without undue delay.…
…The application was filed without undue delay. Therefore, the second condition is satisfied. 28. The applicants have stated they are willing to provide nominal security.…
Division and case type: High Court DivCivil Appeal
…On delay, the Appellant notes that the application was filed 6 days after the ruling, hence there is no undue delay. 18.…
…The test is therefore two-fold; · (a) Sufficient cause / substantial loss. · (b) No undue delay. 34.…
Division and case type: High Court DivCivil Appeal
…Whether the application has been brought without undue delay. 7. .......” [15] For purposes of determining whether the applicant is entitled to the discretion of this Court, I have considered the application for admission…
…of the appeal out of time under the following parameters: [a] whether there is a good and reasonable explanation for the delay; [b] whether the application has been brought without undue delay; [c] whether the appeal is…
Division and case type: High Court CivilCivil Appeal
…To avoid the multiplicity of suits provided there has been no undue delay Only where new or inconsistent cause of action does not arise out of the same facts as a cause of action.…
…The application for leave to amend of the appellant’s statement of defense was filed after 5 years after the institution of the suit and this undue delay was not explained to the satisfaction of the court, I am convinced…
Division and case type: High Court CivilCivil Appeal
…Ms Katama urged that the application was filed without undue delay.…
…I am satisfied that the application was filed without undue delay. Regarding security, I am not convinced that two titles, in respect of properties of indeterminate values, would be sufficient.…
Division and case type: High Court CivilCivil Appeal
…. • No Undue Delay: The application to set aside the ex parte order must be filed without undue delay. • Valid Defense: The court may require the applicant to show a valid defense to the suit before setting aside the ex parte…
Division and case type: High Court CivilCivil Appeal
…It was urged that the applicants filed the application without undue delay.…
…Having considered the grounds of appeal raised in the Memorandum of Appeal dated 10th April 2025, it is my view that the applicants have an arguable appeal and that the application herein was filed without undue delay.…
Division and case type: High Court CivilCivil Appeal
…That the application was filed without undue delay; and c. That such security as may ultimately be binding on the applicant has been given. 8.…
…Was the application filed without undue delay? I note as follows. The appeal was filed on 27th March 2025. The application was filed on 26th May 2025.…
Division and case type: High Court CivilCivil Appeal
…THAT the Appellant has moved the court timeously without undue delay. i. THAT in the premises, it is only fair and just that the application be allowed as prayed. 3.…
…The Appellant avers that this application has been brought without undue delay and in utmost good faith, solely in the interest of justice. 9.…
Division and case type: High Court DivCivil Appeal
…The applicant maintains that the application has been brought in good faith and without undue delay. 4. In response, the Respondent filed a Replying Affidavit sworn by Dominic Ndambuki Makau.…
…Taking into account the court recess period, during which time does not run, I find that the application was filed timeously and without undue delay 14.…
Division and case type: High Court CivilCivil Appeal
…The appellant contends that she has an arguable appeal with high chances of success, that the application was brought without undue delay, and that she is willing to comply with any conditions that the court may give while…
…Demonstrate that the application was filed without undue delay; and c. Offer security for the due performance of the decree or order that may ultimately be binding on her. 10.…