Case law
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Division and case type: Environment and Land CourtCivil Suit
…THAT, I know of my own knowledge, it’s for the interests of justice to hear the Plaintiff’s Claims from this Hon.…
…THAT, I know of my own knowledge, it’s for the interests of justice to hear the Plaintiff’s Claims from this Hon.…
Division and case type: High Court CivilCivil Appeal
…Since such an order suspends the progress of a suit, it is granted sparingly and only where the interests of justice so require.…
…These principles were succinctly stated in Global Tours & Travels Ltd, Nairobi HC Winding Up Cause No. 43 of 2000, where the Court held that the overriding consideration is whether it is in the interests of justice to grant…
Division and case type: High Court CivilCivil Appeal
…The overarching consideration remains the interests of justice. 14.…
…Stay of proceedings is a discretionary and exceptional remedy granted sparingly and only where the interests of justice so demand. 16.…
Division and case type: High Court DivCivil Appeal
…On the material before me, am satisfied that an interim stay of execution shall serve the interests of justice. I accordingly allow prayer 2 in the application pending hearing inter partes. Mention on18/9/25 '…
Division and case type: High Court DivCivil Appeal
…THAT the Court be at liberty to make any order in the interests of justice. 8. THAT the costs of this application be costs in the intended appeal. Applicant’s case 2.…
…Mere invocation of “interests of justice” without a factual basis does not suffice. 12. In the absence of a reasonable and sufficient explanation, the court cannot exercise its discretion to extend time.…
Division and case type: High Court CivilCivil Appeal
…In the premises, I do find that the wider interests of justice require that the appeal be reinstated for hearing on merit. 8. In this regard, I associate with Odunga, J.…
…The interests of justice also require that the substratum of the appeal is preserved pending the hearing and determination thereof, noting that an order for stay of execution of the judgment and decree of the lower court…
Division and case type: High Court DivCivil Suit
…of justice.…
…That the matters continue to cause anxiety and mental anguish to them as they have tainted their reputation and it is in the interests of justice that they be determined conclusively.…
Division and case type: High Court CivilCivil Suit
…They further argue that a transfer would serve the interests of justice and preserve the claim whose limitation period has since lapsed. 6. The applications were not opposed.…
…of justice demand. 12.…
Division and case type: High Court DivCivil Suit
…On the material before court, am satisfied that an interim stay of execution shall serve the interests of justice . I allow prayer 2 pending hearing inter partes. The application be served.…
Division and case type: Environment and Land CourtCivil Suit
…The discretion must, however, be exercised in a manner that balances the interests of justice with the need for finality in litigation. 32.…
…of substantive justice outweigh the procedural lapse.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I have considered the arguments by the parties and I think it is the interests of justice to allow the appeal.…
Division and case type: High Court CivilCivil Appeal
…Whether the Respondent would suffer prejudice that outweighs that of the Applicant if the order of stay is granted, and generally whether the interests of justice favour the granting or refusal of the orders sought. F.…
…The third issue for determination is whether the balance of convenience and interests of justice favour the grant of stay. 32.…
Division and case type: High Court CivilCivil Appeal
…UPON READING the Notice of Motion together with the supporting Affidavit by john Lukuru Mmasi all evenly dated 8th December 2025, and being persuaded that hearing and determining the Application ex-parte is in the best interests…
…of justice without possibility of an incurable prejudice being occasioned upon the Respondent , the court directs and Orders as follows; IT IS HEREBY ORDERED; 1.…
Division and case type: Environment and Land CourtCivil Suit
…The questions of law and fact between the parties herein are similar; hence, it would be in the best interests of justice, without occasioning embarrassment to the Court through duplicity of decisions and in keeping with…
…The primary principle behind setting aside ex parte proceedings held in the absence of one party, just like setting aside an ex parte judgment, is to ensure the interests of justice and uphold the right to be heard.…
Division and case type: High Court CivilCivil Appeal
…Ultimately, the Appellants urge the Court to exercise its discretion in their favour, in the interests of justice and fairness, and to allow the underlying claim to be heard and determined on its merits. B.…
…of justice and fairness that the application be allowed.…
Division and case type: High Court CivilCivil Suit
…Given the length of time it has taken to resolve the matters and their nature, it is the interests of justice that the same be referred to arbitration by an order of this court in line with Article 159 of the Constitution…
Division and case type: Environment and Land CourtCivil Suit
…It was in the interests of justice that this Honourable Court granted the Applicant’s advocates Harit Sheth Advocates leave to come on record.…
…of justice. 46. …
Division and case type: High Court DivCivil Appeal
…The appellant also relied on John Mwangi Karanja vs Alfred Ndiangui [2011] eKLR where the court was of the view that the interests of justice called for the courts to consider the transfer of suits from one court to the other…
…However, it is not in the interests of justice to dismiss the appeal for want of jurisdiction.…
Division and case type: Environment and Land CourtCivil Suit
…In the interests of justice and fair play the applicants should be enjoined in this Suit and be accorded an opportunity to ventilate their grievances vis a vis the Plaintiff's claim against the Defendant.…
…The judgment passed herein is tantamount to condemning the Applicants on the right to their properties without being first heard in contravention of the principles of natural justice.…
Division and case type: Environment and Land CourtCivil Suit
…in light of new and material evidence now available from Kisii County Government Department of Administration and Corporate Services and stakeholders in South Mugirango Sub-County, the same ought to be set aside in the interests…
…of justice; the decree dated 9 July 2020 and eviction order dated 27 September 2021 were issued without the applicant’s full participation due to previous counsel’s omission and should be set aside in the interests of justice…