Case law
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Division and case type: CivilCivil Suit
…It would prejudice his client since it did not amount to an agreement. Mr.…
…That the letter was marked “without prejudice” did not detract from such admission. “Without Prejudice” meant without admission of liability but here there was express admission of liability and a proposal for payment.…
Division and case type: CivilCivil Suit
…The House of Lords held that without prejudice correspondence exchanged with the object of effecting a compromise in the action was privileged.…
…It was his submission that the principal question in the case was whether the without prejudice correspondence were discoverable in a civil suit.…
Division and case type: CivilCivil Appeal
…I asked Mr Dhanjal what prejudice the respondent would suffer if the application were granted and he said none, save that the Shs 1,518.10 had not been paid out to the respondent but he admitted the respondent had not asked…
…Wamunyama has to persuade me that there is some merit in his appeal and that if I extend the time for him to institute it, undue prejudice will not be caused to Nabiriki and that the delay is not inordinate cf Ladu Ltd v…
Division and case type: CivilCivil Suit
…So on any view of the matter the defendants intended conduct cannot in law prejudice the Plaintiff’s legal right, if any.…
…If it is borne in mind that in interlocutory injunction is granted in order that the risk of a serious prejudice to the Applicant’s legal rights between the time of the application and the time of trial may be forestalled…
Division and case type: CivilCivil Appeal
…Alternatively and without prejudice to the foregoing, the defendant states that on August 15, 1984 the plaintiff misrepresented to the defendant that the ownership of the 996 bags of Procida Bordeaux Mixture and/or the right…
…the respondent’s application for summary judgment had this to say: “These misrepresentations are denied in Mr Flynn’s affidavit, but even if they were made on behalf of the plaintiff it is difficult to know how they could prejudice…
Division and case type: Anti-CorruptionCivil Appeal
…There was no mischief or probability of mischief or prejudice ever arising from clerke acting for the opponent company.…
…Applying the above tests to the facts in the present case, I must be satised that real mischief or real prejudice are rightly anticipated.…
Division and case type: CivilCivil Appeal
…As the procedure was somewhat doubted, we should make it clear, that a formal application for amendment under rule 44 should be heard first by a single judge, as provided by rule 52 of the rules, without prejudice to the…
…Further and without prejudice to the situation between the plaintiff and first defendant on the basis of bailment for reward, the plaintiff averred that the first defendant had entered into a contract with the second defendant…
Division and case type: CivilCivil Appeal
…Whilst we would expect want counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based…
Division and case type: CivilCivil Appeal
…In the alternative but without prejudice to the denial, John Onyango stated that he bought the material parcel of land from Samson Luwayi in the year 1978 for Shs 5,000 of which sum an amount of Shs 4,500 was paid to Samson…
…No prejudice was occasioned to the appellants. The judge did not decide the appeal before him on the basis of the manner in which the trial was conducted.…
Division and case type: CivilCivil Appeal
…Thus, the question whether Plot No. 133 R Ongata Rongai was the same as Plot No. 133 B Ongata Rongai, though not formally framed, was properly determined by the trial court, and no prejudice or injustice was occasioned to…
…No prejudice or injustice had been suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…
Division and case type: CivilCivil Appeal
…The respondent Njoroge Njuguna is not likely to suffer any prejudice, he has claimed. Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…
Division and case type: CivilCivil Appeal
…Accordingly, counsel submitted that no prejudice resulted to the applicant by this omission.…
Division and case type: CivilCivil Appeal
…Accordingly, counsel submitted that no prejudice resulted to the applicant by this omission.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Besides it has not caused any prejudice to the Applicants which cannot be compensatable with an award of costs.…
Division and case type: CivilCivil Appeal
…disputed facts and law which made the controversy so focused on such a diversity of questions going beyond affidavit materials and interlocutory arguments and that to attempt to resolve the conflict at that stage would prejudice…
Division and case type: CivilCivil Appeal
…suggestion that he discussed any of the cases then pending before me, which he certainly did not. (7) There is no actual evidence that there are real grounds for doubting my ability to ignore extraneous considerations, prejudices…
…Among these factors is the length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration…
Division and case type: CivilCivil Appeal
…Although rule 76(1) is mandatory, Mr Gautama said even so the appeal is not incompetent because the respondent has not suffered any prejudice.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…(inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if another person alleges a contravention in relation to the detained person), then, without prejudice…
…It is not therefore true that the appellant was denied a fair hearing or that he suffered any prejudice or miscarriage of justice. [33] We take cognizance of the fact that Article 50 (6) of the Constitution of Kenya 2010…
Division and case type: CivilCivil Suit
…chamber summons under order VI rule 13(b) and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous and vexatious and or it may prejudice…