Search court decisions

…of justice.…

…That the matters continue to cause anxiety and mental anguish to them as they have tainted their reputation and it is in the interests of justice that they be determined conclusively.…

…They further argue that a transfer would serve the interests of justice and preserve the claim whose limitation period has since lapsed. 6. The applications were not opposed.…

…of justice demand. 12.…

…On the material before court, am satisfied that an interim stay of execution shall serve the interests of justice . I allow prayer 2 pending hearing inter partes. The application be served.…

…The discretion must, however, be exercised in a manner that balances the interests of justice with the need for finality in litigation. 32.…

…of substantive justice outweigh the procedural lapse.…

…The questions of law and fact between the parties herein are similar; hence, it would be in the best interests of justice, without occasioning embarrassment to the Court through duplicity of decisions and in keeping with…

…The primary principle behind setting aside ex parte proceedings held in the absence of one party, just like setting aside an ex parte judgment, is to ensure the interests of justice and uphold the right to be heard.…

…Given the length of time it has taken to resolve the matters and their nature, it is the interests of justice that the same be referred to arbitration by an order of this court in line with Article 159 of the Constitution…

…It was in the interests of justice that this Honourable Court granted the Applicant’s advocates Harit Sheth Advocates leave to come on record.…

…of justice. 46.   …

…In the interests of justice and fair play the applicants should be enjoined in this Suit and be accorded an opportunity to ventilate their grievances vis a vis the Plaintiff's claim against the Defendant.…

…The judgment passed herein is tantamount to condemning the Applicants on the right to their properties without being first heard in contravention of the principles of natural justice.…

…in light of new and material evidence now available from Kisii County Government Department of Administration and Corporate Services and stakeholders in South Mugirango Sub-County, the same ought to be set aside in the interests…

…of justice; the decree dated 9 July 2020 and eviction order dated 27 September 2021 were issued without the applicant’s full participation due to previous counsel’s omission and should be set aside in the interests of justice…

…He argued that it will be fair and in the interests of justice if his prayer is granted. He attached the affidavit and submissions. 4. The application is opposed.…

…In my view, the delay has been duly explained and orders sought ought to be granted in the interests of justice.…

…In balancing the interests of justice, the Court must weigh the prejudice to the Respondent against the Applicant’s right to be heard on appeal.…

…In the interests of justice, the Court is persuaded to exercise its discretion in favor of the Applicant.…

…Whether the Defendant has demonstrated substantial loss; ii) Whether the application was made without unreasonable delay; iii) Whether the Defendant has offered sufficient security; iv) Whether the appeal is arguable and the interests…

…of justice support grant of stay. 12.…

…dated 29th September 2015 for hearing and determination on merit. d) THAT the costs of this application be provided for. e) THAT this Honourable Court be pleased to make any other or further orders as the circumstances and interests…

…of justice herein may require. 2.…

…unintentionally failed to diarize the matter hence it was dismissed for want of attendance; failure to attend was not inadvertent or deliberate; the counsel’s mistake should not be visited upon the defendants; it is in the interests…

…of justice if the orders sought are granted; the plaintiff will not be prejudiced and the motion had been filed without unreasonable delay.…

…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.…

…It is all done in the interests of justice.”…

…That it is fair and just in the interests of justice that the Orders sought herein be granted.…

…In balancing the competing interests of the parties and bearing in mind the overriding objective under sections 1A and 1B of the Civil Procedure Act, I am persuaded that the interests of justice would be better served by…

…In the circumstances, I am satisfied that the interests of justice demand that execution of the judgment delivered on 21st April 2022, together with all consequential orders, be stayed.…

…The Applicant raises a reasonable cause of action and it is in the interests of justice and fairness for stay of proceedings to be granted. 3. The application was not opposed by the respondent.…

…Given the procedural impasse in which this long-running matter finds itself, affording the parties a genuine opportunity to mediate is manifestly in the interests of justice, and no prejudice is occasioned to either side…