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…That they have therefore shown the prejudice they will suffer if they are not joined and heard in this petition.…

…Show the specific prejudice that would arise if not joined; and iii. Set out the distinct case they intend to make if joined.…

…The Court has unfettered discretion and will consider such factors as the reason for the failure to attend Court, the length of time that has elapsed since the dismissal, the respective prejudice each party is likely to suffer…

…Regarding possible prejudice to the parties, I note that the petition is partly heard. The evidence of PW1 has been taken. …

…Counsel argued that the proposed amendments will not prejudice the Respondents as they will retain the full opportunity to respond to the amended petition.…

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

…The application is opposed by the respondent on the ground that there was inordinate delay in filing the application and that the applicant will suffer prejudice if the application is allowed. 9.…

…reference to the case of Praxides Musunji Bulemi v Commissioner of Prisons & 2 others (2020) e KLR and submitted that a court can at any stage of proceedings allow a party to amend its pleadings so long as the same will not prejudice…

…reasoning that the issues appealed from in the preliminary objection can still be subject of an appeal together with the merits of the decision if the applicant ends up being aggrieved by the judgment of the court hence no prejudice…

…He avers that substantive steps to hear the appeal have been made and that no prejudice will be suffered which cannot be remedied by an award of costs. 5.…

…The 1st Respondent states that the Applicants have taken time to have the dismissed application heard and that they will not suffer any prejudice if the reinstatement is refused as the petition is still alive. 5.   …

…The Applicants submitted that they were not served as per directions of the court and that if the applications are not reinstated, they will suffer prejudice as the 1st Respondent will go ahead to implement the development…

…Court of Appeal that the failure to comply with Rule 23 was not fatal to the petition and there was no evidence to suggest that, at this stage the case had reached, the company had suffered any substantial or irremediable prejudice…

…I have therefore to ascertain if irremediable prejudice or injustice would be suffered by the petitioner in the circumstances that obtain in this case.…

…That there is no prejudice that will be occasioned to the defendant if the orders sought are granted.…

…There is no prejudice that will be occasioned to the respondent if a stay of execution is granted. The applicant submits that the application was made without inordinate or unreasonable delay.…

…That there is no prejudice that will be occasioned to the defendant if the orders sought are granted.…

…There is no prejudice that will be occasioned to the respondent if a stay of execution is granted. The applicant submits that the application was made without inordinate or unreasonable delay.…

…That there is no prejudice that will be occasioned to the defendant if the orders sought are granted.…

…There is no prejudice that will be occasioned to the respondent if a stay of execution is granted. The applicant submits that the application was made without inordinate or unreasonable delay.…

…to the Defendant; and f) What prejudice will the dismissal occasion to the Petitioners?…

…Counsel identified two issues for determination- whether there exists a reasonable and justifiable cause for the deal causing prejudice to the Applicants; and whether the public interest in this case warrants a different…

…whether there will be any prejudice suffered by the respondents if the extension is granted; 6.   whether the application has been brought  without  undue delay; and 7.   …

…whether to grant an extension of time are: first the length of the delay, secondly, the reason for the delay; thirdly (possibly) the chances of the appeal succeeding if the application is granted; and, fourthly, the degree of prejudice…

…Alliance v Mumo Matemo & 5 Others [2015] e KLR the Supreme Court held that to succeed in an application for joinder as interested party, the interest or stake of the party must be evident in the application for joinder; the prejudice…

…; and that interest is clearly identifiable and proximate enough and not merely peripheral. b)The Intended party’s presence would enable court to resolve all the matters in the dispute. c)The intended party would suffer prejudice…

…to be introduced belong to strangers who are not parties in this suit; that allowing the application will necessitate recalling witnesses, introducing new issues and expanding the scope of the case which will severally prejudice…

…presence by the Land Registrar is not intended to introduce new evidence through the “back door” or patch up a weak case but rather to assist the court in understanding the matter better; that the respondent will suffer no prejudice…

…He deposes that the dismissal of the suit will occasion them irreparable prejudice as they are the registered proprietors of the subject parcels of land and that reinstatement will not prejudice the respondents. 9.…

…He deposes that litigation must come to an end and reopening the suit will prejudice the respondents. 11. Mr. Mekenye filed submissions to support the motion whereas Mr.…

…The Petitioner averred that the issues sought to be introduced through the cross-petition would drastically change the character of the proceedings and greatly prejudice the Petitioner.…

…The 3rd Respondent averred that any prejudice to the Petitioner could be remedied in costs. The 3rd Respondent cited two cases in support of the foregoing submissions which I have considered.…

…for interparties hearing. 5.I have considered the application, the grounds, the supporting affidavit, the background of this case, circumstances leading to filing of the application, the orders sought in the petition, the prejudice…

…The vacating of those orders would therefore presuppose a situation where the Petitioner’s Application ought to be reinstated and heard on merit to prevent prejudice being visited upon the Petitioner. 7.…

…(f)That neither would the Petitioner suffer any prejudice nor would the Petition be rendered nugatory if the orders sought are not granted.” 10.In addition to the above grounds, Miss Lunyolo learned counsel for the 1st Respondent…

…Counsel urged the court to maintain the status quo as the Petitioner would not suffer any prejudice if the status quo was preserved while awaiting the Court of Appeal’s decision. PETITIONER/APPLICANT’S SUBMISSIONS 10.…

…It was counsel’s submission that the Petitioner will not suffer any prejudice that cannot be compensated by costs if the status quo is maintained, and relied on the cases of Kenya Commercial Bank v Ngatu & another (Civil…