Search court decisions

…The overarching consideration remains the interests of justice. 14.…

…Stay of proceedings is a discretionary and exceptional remedy granted sparingly and only where the interests of justice so demand. 16.…

…On the material before me, am satisfied that an interim stay of execution shall serve the interests of justice. I accordingly allow prayer 2 in the application pending hearing inter partes. Mention on18/9/25 '…

…THAT the Court be at liberty to make any order in the interests of justice. 8. THAT the costs of this application be costs in the intended appeal. Applicant’s case 2.…

…Mere invocation of “interests of justice” without a factual basis does not suffice. 12. In the absence of a reasonable and sufficient explanation, the court cannot exercise its discretion to extend time.…

…In the premises, I do find that the wider interests of justice require that the appeal be reinstated for hearing on merit. 8. In this regard, I associate with Odunga, J.…

…The interests of justice also require that the substratum of the appeal is preserved pending the hearing and determination thereof, noting that an order for stay of execution of the judgment and decree of the lower court…

…I have considered the arguments by the parties and I think it is the interests of justice to allow the appeal.…

…Whether the Respondent would suffer prejudice that outweighs that of the Applicant if the order of stay is granted, and generally whether the interests of justice favour the granting or refusal of the orders sought. F.…

…The third issue for determination is whether the balance of convenience and interests of justice favour the grant of stay. 32.…

…UPON READING the Notice of Motion together with the supporting Affidavit by john Lukuru Mmasi all evenly dated 8th December 2025, and being persuaded that hearing and determining the Application ex-parte is in the best interests…

…of justice without possibility of an incurable prejudice being occasioned upon the Respondent , the court directs and Orders as follows; IT IS HEREBY ORDERED; 1.…

…Ultimately, the Appellants urge the Court to exercise its discretion in their favour, in the interests of justice and fairness, and to allow the underlying claim to be heard and determined on its merits. B.…

…of justice and fairness that the application be allowed.…

…The appellant also relied on John Mwangi Karanja vs Alfred Ndiangui [2011] eKLR where the court was of the view that the interests of justice called for the courts to consider the transfer of suits from one court to the other…

…However, it is not in the interests of justice to dismiss the appeal for want of jurisdiction.…

…In the circumstances of this case, the interests of justice favour sustaining the appeal so that the dispute may be determined on merit rather than terminated on a procedural lapse. 6.…

…The central question therefore is whether preservation of the decretal sum is necessary in the interests of justice. (a) Whether the appeal is arguable 26.…

…the funds/decretal sum capable of preservation to issue preservatory orders over funds that, on a balance of probabilities, have already been applied to the decree, would be an exercise in futility and would not serve the interests…

…In those circumstances, the court is not persuaded that the interests of justice would be served by summarily terminating the appeal on account of the procedural lapse complained of. 7.…

…That, in the wider interests of justice and the overriding objective under Sections IA and 1B of the Civil Procedure Act, litigation must come to an end and the Appeal herein ought to be dismissed for want of prosecution.…

…VSC 492 at [3]-[6] where the principles of good pleading are set out as follows: - “While elegance in a pleading is not a precondition to its legitimacy, it is an aspiration which, if achieved, can only but advance the interests…

…of justice.…

…The court may not forgive or condone it but it ought certainly to do whatever is necessary to rectify it if the interests of justice so dictate.” 29.…

…The dispute concerns the right of appeal, which is a substantive right deserving protection where the interests of justice so demand. 32.…

…That it is in the interests of justice for the proceedings to be stayed awaiting the outcome of the appeal. That unless the proceedings are stayed the appeal will be rendered nugatory.…

…That the appeal raises arguable issues and it is therefore in the interests of justice that the proceedings in the trial court be stayed pending the determination of the appeal.…

…of justice.…

…dispute between the parties and the fact that the suit sought to be stayed was filed in 2013 nearly nine (9) years ago, I find that allowing the application in the circumstances of this case would not only be against the interests…

…In Global Tours & Travel Ltd (2000) it was held that: - “Whether or not to grant a stay of proceedings is a matter of judicial discretion to be exercised in the interests of justice… The sole question is whether sufficient…

…cause has been shown… The test is whether the applicant has demonstrated that it is in the interests of justice to halt proceedings.” 21.…

…Onyango [2023] KEHC 21246 where it was held that: - “…it was in the interests of justice to re-open the file and enlarge time for payment of throw-away costs; the court could not be said to be functus officio.” 22.…

…Reference was made to Belinda Murai case (supra) for the argument that the court should do whatever is necessary to rectify the error if the interests of justice so dictate. 24.…