Case law
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Division and case type: CivilCivil Case
…It could only be made by a lawyer who did not understand the significance of the words ‘without prejudice.’ You cannot have an agreement made without prejudice.…
…If an offer is made ‘ without prejudice’, evidence cannot be given of this offer.…
Division and case type: Milimani Commercial CourtsCivil Case
…Learned Counsel argued that if the suit was heard no prejudice would be suffered by the Plaintiffs and that the appeal itself would not be rendered nugatory in any way. Mr.…
…Kopere’s view was that with such specific findings on record, his clients stood to suffer prejudice if the proceedings proceeded to be heard. Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…Learned Counsel argued that if the suit was heard no prejudice would be suffered by the Plaintiffs and that the appeal itself would not be rendered nugatory in any way. Mr.…
…Kopere’s view was that with such specific findings on record, his clients stood to suffer prejudice if the proceedings proceeded to be heard. Mr.…
Division and case type: CivilCivil Case
…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: CivilCivil Case
…In other words the court must not maintain the status quo to the detriment of the defendant unless it can be shown that not doing so would greatly prejudice the plaintiff.…
…I am left therefore to decide whether I should rather stop the intended breach of contract than risk prejudice to the plaintiff.…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: Milimani Commercial CourtsCivil Case
…She also prays that he be restrained from alienating encumbering or otherwise dealing with them to her prejudice pending the determination of the originating summons.…
…It is granted in order that the risk of serious prejudice to the applicant’s legal rights between the time of the application and the time of trial may be forestalled.…
Division and case type: CivilCivil Case
…negotiations to attempt an out of Court settlement of the matter and there was a discharge of indemnity voucher signed by the plaintiff/applicant on 27th January 1992 acknowledging receipt of the sum of Kshs 67,900/= on a without prejudice…
Division and case type: Milimani Commercial CourtsCivil Case
…The court cannot however continue to protect a party which has taken no steps to help itself, particularly when its inaction is occasioning prejudice to the other side.…
Division and case type: CivilCivil Case
…The respondent Njoroge Njuguna is not likely to suffer any prejudice, he has claimed. Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…
Division and case type: CivilCivil Case
…But on the other hand the plaintiff has pointed to the alleged unsuitability of the site for the proposed house and used it to argue that it will reduce the value of the plot and business and that will thereby cause her prejudice…
Division and case type: CivilCivil Case
…any or any one or more of the following grounds: i) where the pleading does not disclose reasonable cause of action or defence or; ii) where the pleading is scandalous, frivolous or vexatious or; iii) if the pleading may prejudice…
Division and case type: CivilMiscellaneous Application
…suggestion that he discussed any of the cases then pending before me, which he certainly did not. (7) There is no actual evidence that there are real grounds for doubting my ability to ignore extraneous considerations, prejudices…
…Among these factors is the length of any delay, 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…
Division and case type: CivilCivil Case
…which reads:- “12. (1) A Tribunal shall, in relation to its areas of jurisdiction have power to do all things which it is required or empowered to do by or under the provisions of this Act, and in addition to and without prejudice…
Division and case type: CivilCivil Case
…The 1st defendant claims that by this arrangement the said Mary James became a trustee on behalf of the family in respect of the plot and therefore she could not sell or in any way deal with the property to the prejudice…
Division and case type: Milimani Commercial CourtsCivil Case
…The Defendant pleads in the alternative and without prejudice that he was fraudulently induced by the said Harit Sheth, who was his advocate, to in effect commit himself to the Plaintiff by a letter dated 30th June, 2002…
Division and case type: CivilCivil Case
…VI rule 13 of the Civil Procedure Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against the 2nd defendant, it is scandalous, frivolous or vexatious, it may prejudice…
Division and case type: CivilCivil Case
…The applicant contended that the defence a) “discloses no defence”, b) it is scandalous, frivolous and vexatious” c) it prejudice, embarrass or delay the fair trial of this action,” The application was supported by an eleven-paged…