Case law
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Division and case type: High Court CivilCivil Appeal
…In the case, the said Supreme Court stated that: - “sufficient cause" is an expression which has been used in large number of statutes.…
…Sufficient cause is thus the cause for which the defendant could not be blamed for his absence.…
Division and case type: High Court CivilCivil Appeal
…cause for filing the appeal out of time.…
…Counsel submitted on one issue, namely, whether the applicant has demonstrated sufficient cause to warrant the exercise of this honourable court’s discretion under section 79G of the Civil Procedure Act. 11.…
Division and case type: High Court DivCivil Appeal
…Whether sufficient cause has been shown to warrant reinstatement of the appeal and extension of time for filing the Record of Appeal. c.)…
…Whether sufficient cause has been shown to warrant reinstatement of the appeal and extension of time for filing the Record of Appeal. 20.…
Division and case type: High Court CivilCivil Appeal
…The next question is whether the Applicant has established “sufficient cause” to the satisfaction of the Court that it is in the interest of justice to stay proceedings of the lower Court.…
…I again repeat the question what does the phrase “sufficient cause" mean.…
Division and case type: High Court CivilCivil Appeal
…The mere intention to appeal does not constitute sufficient cause for a stay.…
…Whether the Appellant has shown sufficient cause and risk of substantial loss to justify a stay of execution of the trial court’s judgment pending appeal. b.…
Division and case type: High Court CivilCivil Appeal
…Sufficient cause is a question of fact and the court has to exercise its discretion in the varied and special circumstances in the case at hand. There cannot be a straight-jacket formula of universal application.…
…Thus, the defendant must demonstrate that he was prevented from attending court by a sufficient cause... (Emphasis added). 16. With respect, the cited case is not helpful to the Appellant.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In the Ruling dated 06.03.2020, the trial magistrate considered the evidence on record and proceeded to review and set aside the Judgment under Order 45(1) of the Civil Procedure Rules on the grounds of sufficient cause.…
…cause’.…
Division and case type: High Court DivCivil Appeal
…It submitted that the court retains discretion under Order 50 of the Civil Procedure Rules to extend time and admit an appeal filed out of time where sufficient cause is shown. 8.…
…cause for not filing the appeal in time.” 13.…
Division and case type: High Court CivilCivil Appeal
…Under Rule 22(1) this Court has the discretion to grant stay of execution upon sufficient cause being shown.…
…If such consent is not forthcoming, as in the case herein, the order may be granted for sufficient cause.…
Division and case type: High Court CivilCivil Appeal
…Sufficient cause must therefore be rational, plausible, logical, convincing, reasonable and truthful..." 27.…
…According to the Appellants, no explanation amounting to sufficient cause was placed before the trial court to justify the delay as contemplated under Order 24 Rule 7. 30.…
Division and case type: CivilCivil Appeal
…In order to succeed Mr Kamau has to bring himself within rule s4 by showing sufficient cause to explain why the required steps were not taken timeously.…
…That is not sufficient cause. We are therefore unable to accede to his request. The appeal is ordered to be struck out as incompetent, with costs to the respondent. Order accordingly.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…"Discretion to extend time or halt execution is not automatic—it must be earned through prompt action and sufficient cause." 1.…
…The Applicant bears the burden of demonstrating sufficient cause for the delay. 7. In Fakir Mohamed v.…
Division and case type: High Court CivilCivil Appeal
…For the Court to exercise its discretion as aforesaid, it must be satisfied that there is “sufficient cause” or “reason” to warrant such setting aside. The term “sufficient Cause” was explained in the case of The Hon.…
…“Sufficient cause” or “good cause” in law means: “….. the burden placed on a litigant (usually by court rule or order) to show why a request should be granted or an action excused”.…
Division and case type: High Court DivCivil Appeal
…The effect of abatement is pointed out at Order 24 Rule 7 and the court is also empowered to revive the suit for sufficient cause. It states: 7.…
…Not a single explanation is given in the supporting affidavit for the application for revival as to why the application was not brought within 12 months or sufficient cause why this court should be persuaded to revive the…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The High Court shall then be satisfied that the party has shown “good and sufficient cause” for seeking leave to file the appeal out of time before admitting that appeal. 20.…
…Even though the Appellant was late to file the appeal by only four days, the law requires a party to move the court and to show good and sufficient cause before they are allowed to file an appeal out of time.…
Division and case type: High Court CivilCivil Appeal
…. • Sufficient Cause: A party seeking to set aside an ex parte order must demonstrate "sufficient cause" for their absence, which is a flexible concept with no fixed guidelines. • Inadvertence or Excusable Mistake: The error…
…From the affidavit evidence the applicant has satisfied the owners on the criteria of the sufficient cause in the context of this particular case for this court to exercise discretion by reviewing the dismissal order, setting…
Division and case type: High Court CivilCivil Appeal
…cause for not filing the appeal in time. 5.…
…Such party must however satisfy the Court that there is good and sufficient cause for not filing the appeal on time. 6. An order for extension of the time to file an appeal is discretionary.…
Division and case type: High Court DivCivil Appeal
…The issues arising for determination are whether the Applicant has shown good and sufficient cause for admission of the intended appeal out of time; and, if so, whether the proceedings and the operation of the impugned ruling…
…The proviso empowers the Court to admit an appeal out of time where the appellant satisfies the Court that there was good and sufficient cause for not filing it within time. 7.…
Division and case type: High Court DivCivil Appeal
…Whether the appellant established sufficient cause to warrant reinstatement of the suit. iii. Whether this Court, as a first appellate court, should interfere with the exercise of discretion by the trial court. iv.…
…(ii) Whether the appellant established sufficient cause [28 The appellant’s principal explanation for non-attendance was counsel’s bereavement.…
Division and case type: High Court DivCivil Appeal
…The second is that the applicant must present sufficient cause for the failure to attend Court on the appointed date. What will constitute sufficient cause depends on the circumstances of each case.…
…But in our perception, sufficient cause connotes an explanation of such quality or value as would justify setting aside the order of dismissal; a reason that is adequate in law, showing why the applicant’s request to set…