Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Suit
…This order has not been yet complied with and the consent order (which gives no time limit) is still there if the parties wish to give effect thereto. However before me is H.C.C.C.…
Division and case type: CivilCivil Appeal
…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, the importance of compliance with time…
…limits bearing in mind that they are to be observed and the resources of the parties which might, in particular, bear relevant to the question of prejudice.…
Division and case type: High Court DivCivil Appeal
…The principal grounds advanced are that the Cross Appeal was filed outside the statutory time limits and that it was filed without leave of the Court. 6.…
Division and case type: High Court DivCivil Suit
…The period of delay; ii) The reason for the delay; iii)The arguability of the appeal; iv)The degree of prejudice which could be suffered by the if Respondent the extension is granted; v)The importance of compliance with time…
…limits to the particular litigation or issue; and vi) The effect if any on the administration of justice or public interest if any is involved. 12.…
Division and case type: High Court DivCivil Appeal
…The importance of compliance with time limits to the particular litigation or issue; and f. The effect if any on the administration of justice or public interest if any is involved. 12.…
Division and case type: High Court DivCivil Appeal
…Nothing in the Rule shows that it was intended to be applied to the time limits fixed by the Limitation of Actions Act, which is a different Act from the Civil Procedure Act and the Rules. 15.…
Division and case type: MERU HIGH COURTCivil Appeal
…The Court emphasized that the Limitation of Actions Act is a substantive statute and that the time limits prescribed under it cannot be enlarged, suspended or altered through the application of procedural provisions contained…
Division and case type: Environment and Land CourtCivil Suit
…She also stated that they only became aware of the time limits after they sought legal advice from the firm of Wachira Wekhomba Aim Advocates.…
Division and case type: High Court DivCivil Appeal
…This was a show of lack of diligence and seriousness by Claimant's counsel given the kind consideration the trial court accorded them despite the time limits.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appeal was filed in July, and any order concerning the order of 30.3.2022 is beyond the time limits.…
Division and case type: High Court DivCivil Appeal
…The importance of compliance with time limits to the particular litigation or issue; and 6. The effect if any on the administration of justice or public interest if any is involved. 15.…
Division and case type: High Court CivilCivil Appeal
…demonstrate the nature of their prejudice should the trial not start afresh. 3) The trial Magistrate erred in law and fact in overriding the 1st, 3rd and 4th Respondents’/Applicants’ right to justice in the interest of the time…
…limits of the lower Courts. 4) The trial Magistrate erred in law and fact in failing to acknowledge that reliance on a flawed trial transcripts and/or proceedings will prejudice the 1st, 3rd and 4th Respondents/Applicants…
Division and case type: High Court DivCivil Appeal
…To realize the objectives of the Act and to achieve the statutory time limits in the Act the procedural technicalities alluded to by the Appellant ought to have been raised in the trial court for them to be canvassed and…
Division and case type: High Court DivCivil Suit
…That it was not immediately brought to the attention of the counsel who took over as he only came to realize after the expiration of the time limits set out in the foregoing provisions of the law thus necessitating the filing…
Division and case type: High Court DivCivil Appeal
…The Respondent also contended that the Applicant’s appeal and application are barred by laches, having been filed outside the prescribed time limits and without any valid justification for the delay.…
Division and case type: High Court DivCivil Appeal
…On condition to file application without delay, I note that the judgment and decree being appealed against was delivered on the 31st July,2024 and the Memorandum of Appeal filed on 27th August 2024 well within the time limits…
Division and case type: High Court DivCivil Appeal
…It has nothing to do with where he, in fact, files a confirmation application, whether within or outside the time limits, and orders are made in that application which displease any of the parties.…
Division and case type: Environment and Land CourtCivil Suit
…standi to participate. b) That their application was not time barred because they had learnt of the instant suit recently and therefore that Section 26 of the Limitations of Actions Act (Cap 22) aided them by providing that time…
…limits do not apply when fraud is hidden. c) Additionally, that they had cited the Defendant/Respondent for contempt because despite the court’s directions that she be registered as the proprietor of land parcel number NANDI…
Division and case type: High Court CivilCivil Appeal
…chances of the appeal succeeding if the application is granted, the degree of prejudice to the Respondent if the application is granted, the effect of the delay on public administration, the importance of compliance with the time…
…limits, the resources of the parties, whether the matter raises issues of public importance are all relevant but not exhaustive factors…In an application for extension of time, each case must be decided on its own peculiar…
Division and case type: Environment and Land CourtCivil Suit
…chances of the appeal succeeding if the application is granted, the degree of prejudice to the Respondent if the application is granted, the effect of the delay on public administration, the importance of compliance with the time…
…limits, the resources of the parties, or whether the matter raises issues of public importance.…