Case law
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Division and case type: CivilCivil Case
…It could only be made by a lawyer who did not understand the significance of the words ‘without prejudice.’ You cannot have an agreement made without prejudice.…
…If an offer is made ‘ without prejudice’, evidence cannot be given of this offer.…
Division and case type: Milimani Commercial CourtsCivil Case
…Learned Counsel argued that if the suit was heard no prejudice would be suffered by the Plaintiffs and that the appeal itself would not be rendered nugatory in any way. Mr.…
…Kopere’s view was that with such specific findings on record, his clients stood to suffer prejudice if the proceedings proceeded to be heard. Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…Learned Counsel argued that if the suit was heard no prejudice would be suffered by the Plaintiffs and that the appeal itself would not be rendered nugatory in any way. Mr.…
…Kopere’s view was that with such specific findings on record, his clients stood to suffer prejudice if the proceedings proceeded to be heard. Mr.…
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 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 Case
…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
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: CivilCivil Case
…In other words the court must not maintain the status quo to the detriment of the defendant unless it can be shown that not doing so would greatly prejudice the plaintiff.…
…I am left therefore to decide whether I should rather stop the intended breach of contract than risk prejudice to the plaintiff.…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: Milimani Commercial CourtsCivil Case
…She also prays that he be restrained from alienating encumbering or otherwise dealing with them to her prejudice pending the determination of the originating summons.…
…It is granted in order that the risk of 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 Case
…negotiations to attempt an out of Court settlement of the matter and there was a discharge of indemnity voucher signed by the plaintiff/applicant on 27th January 1992 acknowledging receipt of the sum of Kshs 67,900/= on a without prejudice…
Division and case type: Milimani Commercial CourtsCivil Case
…The court cannot however continue to protect a party which has taken no steps to help itself, particularly when its inaction is occasioning prejudice to the other side.…
Division and case type: CivilCivil Case
…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
…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.…