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…The House of Lords held that without prejudice correspondence exchanged with the object of effecting a compromise in the action was privileged.…

…It was his submission that the principal question in the case was whether the without prejudice correspondence were discoverable in a civil suit.…

…Allowing its introduction would amount to re- opening issues that were conclusively determined and would prejudice the 1st Respondent.…

…I have considered the application before me and do find that the 1st defendant has not demonstrated that the amendment of plaint will prejudice their case.…

…She further argues that KUJ has not demonstrated any prejudice it stands to suffer if not enjoined. Issues for Determination 10.…

…The affidavit of Erick Oduor does not identify any prejudice personal to KUJ.…

…accorded to without prejudice communications. 27.…

…Whether the ‘without prejudice agreement’ is admissible. 65. The respondent contends that the agreement is not admissible as it was on a ‘without prejudice’.…

…compensate for any prejudice. 12.…

…This prejudice is real and must be considered. 18.…

…With respect to prejudice, any prejudice that the Defendants might suffer would not amount to irreversible harm if the leave sought was granted.…

…On the critical question of prejudice. The Learned Counsel asserted that the 2nd Defendant's claims that they would suffer undue prejudice are entirely unfounded.…

…Such leave shall, however, be granted on terms that safeguard the Respondent’s right to respond to the amended pleadings and ensure that no undue prejudice is occasioned. 16.…

…In exercising that discretion, the Court should ensure that such re-opening does not embarrass or prejudice the opposite party.…

…He was emphatic that he would suffer great prejudice if the orders he had sought herein were not granted. 4.…

…It further contended that the Interested Party failed to satisfy the requirements of Order 45 Rule 1 of the Civil Procedure Rules or to demonstrate any prejudice that he was likely to suffer.…

…(iii)   That no prejudice shall be occasioned to the plaintiff and Defendant but prejudice will be occasioned to the proposed interested party/Applicant if he does not participate in the proceedings. 3.   …

…From the above analysis, the Applicant would not suffer any prejudice, once the court makes its finding after trial. 24.   …

…It is argued that such an outcome would render the present declaratory suit nugatory and expose the Applicant to potential prejudice. 8. Reliance is placed on Britam General Insurance Co.…

…No such jurisdictional defect or irreparable prejudice has been demonstrated in this instance. 9.…

…The Defendants assert that if the orders sought are granted they will suffer prejudice and injustice. 5.   …

…to the other party and which prejudice can be compensated by an award of costs..... 18.         …

…As such, no prejudice can be suffered by themselves if the instant application is allowed. This court has considered the application and the submissions therein. This court has perused the court record.…

…From the above authorities and the circumstances of this case I find that the production of the documents by the defendant will not prejudice the plaintiff’s case.…

…The Court further emphasized the applicable principles in the following terms: “In exercising its discretion to reopen, the court must ensure that reopening does not embarrass or prejudice the opposite party.…

…While prejudice to the opposing party remains a critical consideration, the Court is not persuaded that the prejudice alleged is incapable of being alleviated by appropriate procedural safeguards.…

…He also averred that the evidence that sought to be adduced by the Applicant will greatly prejudice the Plaintiff and 2nd Interested Party who already testified.…

…He averred that they would suffer great prejudice if the application is allowed. He urged the court to dismiss the application with costs.…

…That the conflict of interest is not speculative but active and ongoing, posing a real risk of prejudice and procedural injustice to the Defendant/Applicant. 3.…

…If their testimony is strictly formal or uncontested, they may remain. d) The court must verify that confidential information acquired through a prior or current representation will prejudice the opposing party.…

…Whether the prejudice alleged by the Intended Interested Party outweighs the prejudice that would be occasioned to the Plaintiffs if joinder were allowed Post - Judgment. 64.   …

…The balancing exercise therefore requires the Court to weigh the prejudice of potential future litigation against the prejudice of reopening a finalized matter.…

…Finally, counsel submitted that an award of costs could not adequately compensate the prejudice to the Plaintiff.…

…Whether the amendment is material, made in good faith and whether prejudice can be compensated 49.…

…Act; iii)   The Amended Plaint purports to introduce new causes of action and materially alters the substance of the original suit as set out in the Plaint dated 24th May 2022 and allowing the same would result in serious prejudice…

…It is the 3rd Defendant’s case that the Amended Plaint purports to introduce a new cause of action and that allowing the same would result in serious prejudice and injustice to the 3rd Defendant. 6.   …

…It was contended that eh proposed amendment shall not prejudice the defendants and that any prejudice thereby caused shall be adequately compensated by an award of costs. 3.…

…It must be such delay as is likely to prejudice the opposite party beyond compensation in costs.…