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…Prejudice 17. The 1st Respondent contended that allowing the amendment will delay disposal of the appeal and reopen settled issues. 18.…

…My finding is that while delay is undoubtedly undesirable, I am not persuaded that the prejudice complained of is one that is incapable of remedy.…

…It was noted that the appellant argued that the communication was done on a ‘without prejudice’ basis. However, the rule of without prejudice is not absolute.…

…It is also not in dispute that the communication was made on a without prejudice basis.…

…"Amendments are permitted where they aid in the just determination of the real issues in controversy without causing prejudice." 1.…

…Rashid Ngaira, Advocate, asserting that the amendments sought are minimal and will not prejudice the Respondent. 3.…

…She pointed out that the Respondents would not suffer any prejudice if the defence case was re-opened.…

…The court was also required to consider if the opposing side would suffer any prejudice if the orders sought were granted.…

…Applicants have also argued that they are being denied an opportunity to be heard and to cross examine the individual Claimants on allegations of alleged breach of contract and damages due to them and that the denial will prejudice…

…Whether prejudice to the applicant outweighs prejudice to the respondent.…

…Any prejudice or injustice that may be occasioned to a respondent may be properly compensated by way of costs. 9.…

…Further, it has not been demonstrated to the Court that any prejudice will be suffered by the Respondent if the amendment is allowed.…

…However, beyond the assertion that the appeal might be rendered nugatory, no specific prejudice has been demonstrated. There is no evidence that the trial court is acting in conflict with the appellate process. 8.…

…No specific prejudice has been identified that would outweigh the public interest in the expeditious resolution of the case before the trial court. 10.…

…That striking out the appeal would occasion substantial prejudice by denying the Appellant a hearing on the merits, while the Respondent would suffer no prejudice, particularly because a related appeal, HCCA No.…

…On prejudice, the Appellant submitted that the Respondent would suffer no prejudice if the application were allowed since both Appeal Nos.…

…The Court did not address itself on the prejudice that the Appellant was subjected to. 10.…

…“the court will consider the proportionality and prejudice of allowing the additional evidence.…

…He argues that granting the orders sought would occasion him undue prejudice, irreparable loss, and prolonged suffering. 13) In conclusion, the Respondent prays that the application be dismissed with costs, stating that it…

…However, the Appellant has not demonstrated what irreparable prejudice it stands to suffer beyond the normal consequence of being compelled to settle a monetary decree.…

…The likely prejudice to be suffered by either party. 17.…

…The Respondent has argued that granting leave would occasion prejudice through delay of proceedings.…

…That the Applicant has not demonstrated the prejudice it stands to suffer by the joinder of the Interested Party in the instant proceedings.…

…Furthermore, the Applicant has not demonstrated the prejudice it stands to suffer from the joinder of the Interested Party in these proceedings. 53.…

…It was the Appellant’s case that the trial court erred by rigidly invoking the provisions of Order 17 Rule 2(5) of CPR without exercising judicial discretion yet the Respondent did not demonstrate prejudice. 7.…

…It is my respectful view that the learned magistrate appears not to have interrogated whether justice could still be done nor whether prejudice was established. 30.…

…The court should consider the length of the delay and the prejudice the respondent is likely to suffer if the application is allowed.…

…Regarding whether the respondent would suffer any prejudice, it was submitted that they would suffer no prejudice, as the applicant moved the court in good time to have the appeal validated and the record of appeal has been…

…That the respondent stands to suffer no prejudice in the event the application is allowed as it has been brought without unreasonable delay. 7.…

…iii) Prejudice to be suffered by the opposite party; and 19.…

…The test which has been laid down in authorities applied by the Court of Appeal is whether real mischief or real prejudice will in all human possibility result” In respect to possible conflict of interest the Court of Appeal…

…The test which has been laid down in authorities applied by this Court is whether real mischief or real prejudice will in all human probability result.”…

…Whether or not the learned trial Magistrate erred admitting documents marked ‘Without Prejudice’. 24.…

…The Appellant submitted that the Respondent attached letters/correspondences which were either marked "without prejudice" or clearly indicated (like that of 9th August 2011) as written "on a without prejudice basis" which…

…Conversely, the 1st Appellant contends that it stands to suffer substantial loss and prejudice if the orders sought are declined. 9.…

…On the other hand, the Respondent states that she continues to suffer prejudice as a result of the Appellants’ conduct.…

…Finally, the appellant submitted that no prejudice will be occasioned on the respondents if the orders sought are granted and in the event of any prejudice to the respondent the same could be addressed by way of costs.…

…Prejudice, or the absence of it, to the claimant also has to be taken into account. 12. Also in the case Mohamed & Another vs.…