Judgment[1993] KEHC 94
Case law
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Division and case type: CivilCivil Case
…order for stay of execution shall be made under sub rule (1) unless – (a) the Court is satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable…
…delay; and (b) such security as the Court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the applicant.…
Division and case type: CivilCivil Case
…For an application for stay to succeed, the applicant has to satisfy the court that substantial loss may result unless the order is made and that the application has been made without unreasonable delay.…
Division and case type: CivilCivil Case
…No order for stay of execution shall be made under sub-rule (1) unless- (a) the court is satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable…
…delay and (b) such security as the court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the applicant.”…
Division and case type: CivilCivil Case
…It is noted, also, that the Rules (Order XLIV R 1 (b) require application forReview to be made without unreasonable delay. Yet here, the judgment to bereviewed was delivered over 10 years ago.…
Division and case type: CriminalCriminal Appeal
…under section 33 of the Evidence Act because it was not established that the maker of the report was dead, or could not be found or had become incapable of giving evidence or his attendance could not be procured without an unreasonable…
…delay or expense nor was it established that it was made in the ordinary course of business in the discharge of professional duty.…
Division and case type: Milimani Commercial CourtsCivil Case
…Respondents filed grounds of opposition dated 23rd July, 2007 in which six grounds are raised in the following terms. 1) The application is incompetent and does not lie. 2) The application has been brought after an inordinate and unreasonable…
…delay. 3) The application is without merit, and is calculated to dealy the expeditious determination of this matter, which delay shall prejudice the Defendants greatly. 4) The Plaintiffs would not suffer any prejudice if…
Division and case type: Milimani Commercial CourtsCivil Case
…Respondents filed grounds of opposition dated 23rd July, 2007 in which six grounds are raised in the following terms. 1) The application is incompetent and does not lie. 2) The application has been brought after an inordinate and unreasonable…
…delay. 3) The application is without merit, and is calculated to dealy the expeditious determination of this matter, which delay shall prejudice the Defendants greatly. 4) The Plaintiffs would not suffer any prejudice if…