Case law
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Division and case type: Environment and Land CourtCivil Suit
…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: Environment and Land CourtCivil Suit
…“Sufficient Cause” was defined in the case of Wachira Karani v Bildad Wachira [2016] eKLR where the court cited with approval the Supreme Court of India in Parimal v Veena as follows: - ““Sufficient cause" is an expression…
…Sufficient cause is thus the cause for which the defendant could not be blamed for his absence.…
Division and case type: Environment and Land CourtCivil Suit
…Sufficient Cause was defined by the Supreme Court of India in Parimal vs Veena which was cited with approval in the case of Wachira Karani vs Bildad Wachira (2016) eKLR.…
…In the case, the said Supreme Court stated that; “sufficient cause" is an expression which has been used in large number of statutes.…
Division and case type: Environment and Land CourtCivil Suit
…That the said Peter Karingo was conflicted having been involved in witnessing the sale agreement. 8 It is submitted grant of stay of execution pending appeal is discretionary upon sufficient cause being demonstrated that…
…cause warranting such stay and which in my view goes in tandem with the requirement to demonstrate substantial loss. 17 Sufficient cause was defined in the case of The Hon Attorney General Vs the Law Society of Kenya & Another…
Division and case type: High Court DivCivil Suit
…Secondly, it argues that the Plaintiff has failed to demonstrate sufficient cause to justify reinstatement of the suit after an inordinate and unexplained delay. B. PLEADINGS i.…
…Counsel argued that the applicable test under Order 12 Rule 7 of the Civil Procedure Rules is whether sufficient cause has been shown.…
Division and case type: Environment and Land CourtCivil Suit
…cause. 17.…
…But what amounts to sufficient cause?…
Division and case type: Environment and Land CourtCivil Suit
…I found that the court is at liberty to revive an abated suit if the applicant proves that “he was prevented by any sufficient cause from continuing the suit.”…
…It was my view that where no sufficient cause is shown then the court ordinarily ought to decline an application to revive an abated suit and the burden of demonstrating sufficient cause rested on the applicant.…
Division and case type: Environment and Land CourtCivil Suit
…The applicants invoked Order 24 Rule 7(2) of the Civil Procedure Rules, which empowers the court to revive an abated suit if sufficient cause is shown.…
…They contended that revival under Order 24 Rule 7(2) requires proof of sufficient cause, which must be credible and evidential.…
Division and case type: Environment and Land CourtCivil Suit
…The applicant submitted that the court has the power to revive an abated suit and that the applicant had shown sufficient cause to warrant the grant of the order.…
…Law Society of Kenya & another [2017]eKLR, cited by the applicant, sufficient or good cause was defined as follows: “Sufficient cause or good cause in law means: ...the burden placed on a litigant (usually by court rule or…
Division and case type: Environment and Land CourtCivil Suit
…They argue that the Plaintiff has not shown sufficient cause for the Court to exercise its discretion.…
…In the result, I am satisfied that the Plaintiff has established sufficient cause for his non-attendance on 3 rd June 2026.…
Division and case type: Environment and Land CourtCivil Suit
…cause, satisfaction of substantial loss and the furnishing of security.…
…This in my view demonstrates sufficient cause as well as substantial loss of property.…
Division and case type: Environment and Land CourtCivil Suit
…It is clear from the above that a party seeking an order of stay of execution pending appeal must prove the following: Show sufficient cause. Demonstrate that he will suffer substantial loss unless the order is granted.…
…That is sufficient cause. The Applicant was also required to file this application without unreasonable delay.…
Division and case type: Environment and Land CourtCivil Suit
…When faced with such an application, the court exercises its discretion, and applicants have to tender sufficient cause.…
…The persuasive decision of Wachira Karani v Bildad Wachira [2016] eKLR defined sufficient cause as; “Sufficient cause is thus the cause for which the defendant could not be blamed for his absence.…
Division and case type: Environment and Land CourtCivil Suit
…From the above provisions, it is clear that in the absence of the decree holder’s consent, the judgment debtor has to demonstrate sufficient cause to warrant this Court to exercise its discretion in its favour, which discretion…
…cause; “It is trite law that apart from looking at the peculiar circumstances of the case, the Court when considering what sufficient cause amounts to, must consider a number of factors.…
Division and case type: High Court CivilCivil Suit
…cause to warrant enlargement of time under section 79G of the Civil Procedure Act 3) Whether the delay in filing the intended appeal has been satisfactorily explained; whether the intended appeal is arguable 4) Whether the…
…The next issue is whether the Applicant has demonstrated sufficient cause to warrant extension of time. The guiding principles are settled.…
Division and case type: Environment and Land CourtCivil Suit
…The applicant has not established sufficient cause for the grant of the orders sought.…
…However, that the applicant must demonstrate sufficient cause as to why the court should exercise such discretion.…
Division and case type: Environment and Land CourtCivil Suit
…According to the Deponent, the Applicant has not demonstrated sufficient cause why he never continued this suit or why the Plaintiff was not appropriately substituted following his demise. Courts directions 5. …
…cause” from continuing with the suit. …
Division and case type: Environment and Land CourtCivil Suit
…cause for not filing the appeal in time.”…
…cause order stay of execution of such decree or order, and whether the application for such stay shall have been granted or refused by the court appealed from, the court to which such appeal is preferred shall be at liberty…
Division and case type: Environment and Land CourtCivil Suit
…This Honourablc Court has jurisdiction under Order 24 Rule 7(2) of the Civil Procedure Rules to revive an abated suit upon sufficient cause being shown.…
…Order 24 Rule 7(2) expressly grants this Honourable Court jurisdiction to revive an abated suit where sufficient cause is shown.…
Division and case type: Environment and Land CourtCivil Suit
…However, under Rule 6(1) the Court may for sufficient cause order a stay of execution of a decree or order appealed from.…
…Sufficient cause has been explained to mean bona fide and more than inaction on the part of a party.…