Case law
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Division and case type: CivilCivil Suit
…It would prejudice his client since it did not amount to an agreement. Mr.…
…That the letter was marked “without prejudice” did not detract from such admission. “Without Prejudice” meant without admission of liability but here there was express admission of liability and a proposal for payment.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…So on any view of the matter the defendants intended conduct cannot in law prejudice the Plaintiff’s legal right, if any.…
…If it is borne in mind that in interlocutory injunction is granted in order that the risk of a 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: Constitutional and Human RightsPetition
…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.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…on the general principles set out in Order I rule 10 (2) bearing in mind the unique circumstances of each case with regard to the necessity of the party in the determination of the subject matter of the suit, any direct prejudice…
…The Court at this stage does not determine the proposed Interested Party’s case on the merits as that might prejudice the fair trial of the matter should the party be joined in the suit.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…
Division and case type: Anti-CorruptionPetition
…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…
Division and case type: Constitutional and Human RightsPetition
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Besides it has not caused any prejudice to the Applicants which cannot be compensatable with an award of costs.…
Division and case type: CivilCivil Suit
…chamber summons under order VI rule 13(b) and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous and vexatious and or it may prejudice…
Division and case type: Constitutional and Human RightsPetition
…That the applicant has not shown what prejudice he would suffer if orders sought are not granted. Mr. A.…
Division and case type: Environment and LandPetition
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Suit
…Indeed that was the position but since the situation was correct and since no miscarriage of justice or prejudice was suffered that does not affect the validity of the application.…