Case law
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Division and case type: Environment and Land CourtPetition
…discretion and will consider such factors as the reason for the failure to attend Court, the length of time that has elapsed since the dismissal, the respective prejudice each party is likely to suffer and whether it is in the interest…
…of justice to grant setting aside.…
Division and case type: Environment and Land CourtPetition
…There being no objection from any of the parties and in the interest of justice, I direct and rule as follows; a) The Petitioner to file and serve the Application upon the Respondents forthwith but not later than close of…
Division and case type: Environment and Land CourtPetition
…This application for an extension of time for filing the reference at the ELC is in the interest of justice and without unreasonable delay, as the impugned ruling was made barely three months ago. d.…
…Therefore, it is in the interest of justice that the application be allowed as prayed. 2. The respondents oppose the motion by filing grounds of opposition dated 13th November 2024. 3.…
Division and case type: Environment and Land CourtPetition
…(d) In the interest of justice herein. Mr.…
Division and case type: Environment and Land CourtPetition
…In the interest of justice, l allow prayers 1, 2 and 3 in the application but only to the extent of recalling Emmanuel Kipkemoi Birir to produce the letters dated 19th September 2025, 24th September 2025 and 25th September…
Division and case type: Environment and Land CourtPetition
…Any other orders the honourable court may deem fit to grant in the interest of justice. 4. Costs of this application be in the cause.…
Division and case type: Environment and Land CourtPetition
…That stay of proceedings is not an automatic right but the court should consider whether it is in the interest of justice to stay proceedings and if yes on what terms. 11.…
…The Petitioner/Respondent states that stay of proceedings is a discretion of the court which should be granted on merit and in the interest of justice.…
Division and case type: Environment and Land CourtPetition
…of justice that the orders sought herein be granted by this Honourable Court; i) THAT in the view of the foregoing, it is in the interest of justice that this application be heard immediately and the orders sought herein…
…In conclusion, the Applicants urged this Court to find that they have demonstrated an arguable appeal, a real risk of substantial and irreparable loss, that the application was made without delay, and that the interests of…
Division and case type: Environment and Land CourtPetition
…I find the delay may have also been occasioned by the court and it is in the interest of justice that all parties be given a fair hearing to enable this court reach a just decision.…
Division and case type: Environment and Land CourtPetition
…But in the interest of justice, since the two applications are similar and in the same file, and they cannot proceed simultaneously and or that the instant one or previous one has not been withdrawn, this one ought to give…
Division and case type: Constitutional and Human RightsPetition
…It is therefore in the interest of justice that an interim order should be made exparte.…
Division and case type: Environment and Land CourtPetition
…It is her contention that if the orders sought are granted, the respondents will suffer no prejudice and urges the court to allow the application in the interest of justice. 9. The application is not opposed.…
Division and case type: CivilCivil Case
…The applicant has further deponed by his affidavit in support of the motion that he stands to suffer greatly because of the mistake of his advocate and so in the interest of justice the application ought to be allowed.…
Division and case type: Environment and Land CourtPetition
…any terms that the court may impose, THAT any setting aside of the orders and reinstatement of the suit and setting it down for hearing will not be prejudicial to the Respondent interest whatsoever as it will be in the interest…
…of justice, THAT therein statement of the suit would meet the overriding objective of the constitution and the Civil Procedure Act and Rules; THAT it is fair and just that the suit be reinstated and be determined on merits…
Division and case type: Environment and Land CourtPetition
…That this honourable court be pleased to issue such further orders it deems just and convenient in the interest of justice.…
…That it is in the larger interest of justice that the orders sought herein are granted as prayed. 4 The application is supported by an affidavit sworn by Harji Govind Ruda a director of the Decree Holder/Applicant.…
Division and case type: Environment and Land CourtPetition
…That it is in the interest of justice and for the dignity and respect of the Court to be upheld that the 1st, 2nd , and 3rd Respondents be ordered to purge the contempt and/or be committed to civil jail for contempt of court…
Division and case type: Milimani Commercial CourtsCivil Case
…However since there is a dispute over whether the premises are partitioned, what is evident is that the property is held by both defendants in common, it is in the in the interest of justice that all the future rent is paid…
Division and case type: Constitutional and Human RightsPetition
…question but that interest in payable on dishonoured bills of Exchange and the Petitioner had not tendered any amount in respect thereof I should make the order and suspend its operation if I felt that it would be in the interest…
…of justice so to do, in order to enable the company to pay the interest.…
Division and case type: Environment and Land CourtPetition
…that objection to production of the files for parcels 1176 and 21 suggest an attempt to conceal material discrepancies and typographical errors in the registry records that is at the heart of the dispute; that it is in the interest…
…of justice that the Land Registrar be allowed to present the complete history and clarify the mix up of land parcel,1176. 11.…
Division and case type: Environment and Land CourtPetition
…THAT it is in the interest of justice that this application be allowed. The application is supported by the affidavit of Wangila Masinde sworn on even date.…