Case law
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Division and case type: GeneralUnclassified
…Nyangau's persuasive skill to exercise my wide and unfettered discretion in favour of the applicant, who once he found out the true facts, moved this Court without undue delay.…
Division and case type: Environment and Land CourtPetition
…A party would be allowed to make such amendments of pleadings as were necessary for determining the real issue in controversy or avoiding a multiplicity of suits provided (i) there had been no undue delay, (ii) no new or…
…The court will normally allow parties to make such amendments as may be necessary for determining the real questions in controversy or to avoid a multiplicity of suits, provided there has been no undue delay, no new or inconsistent…
Division and case type: Environment and Land CourtPetition
…That the Application herein, has been brought without undue delay.…
Division and case type: Environment and LandCase
…It provides that the application must be filed without undue delay. At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
Division and case type: Environment and Land CourtPetition
…Whether the application has been brought without undue delay; and vii. Whether in certain cases, like election petitions, public interest should be a consideration for extending time." 11. Ms.…
Division and case type: Environment and Land CourtPetition
…Ojwang submits that the Petitioner has demonstrated an undue delay of over one year in prosecuting the petition, which is in direct violation of the principles of expeditious resolution of disputes as enshrined under Article…
Division and case type: Environment and Land CourtPetition
…That this application and the appeal have been lodged without undue delay. The respondent opposed the application and stated that they have not started execution proceedings on the judgement sum.…
Division and case type: Environment and Land CourtPetition
…Ojwang, State Counsel, filed submissions dated 3/2/2025, wherein he singled out two issues namely - whether there was undue delay in prosecuting the matter; and whether any reasonable justification for the delay was given…
…Counsel submitted that the Petitioners have demonstrated undue delay of over one year in direct violation of the principles of expeditious resolution of disputes as enshrined under Article 159 (2) (b) of the Constitution…
Division and case type: Environment and Land CourtPetition
…whether the application has been brought without undue delay; and 7. whether in certain cases, like election petitions, the public interest should be a consideration for extending time.” 26. …
Division and case type: Environment and Land CourtPetition
…The application is brought without undue delay and iii. Such security as the Court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the Applicant. 28.…
…That the application has been made without undue delay.…
Division and case type: Anti-CorruptionPetition
…(b) That the Petitioner is guilty of laches, undue delay and lack of diligence in pursuing his Petition.…
Division and case type: Environment and Land CourtPetition
…The instant application had been filed without undue delay and in good faith to safeguard the rights and fundamental freedoms of the Petitioner which were being violated and threatened with violation.…
Division and case type: Environment and Land CourtPetition
…expected to assist the court further the overriding objectives in civil litigation/disputes, by participating in the processes of the court and complying with its directions and orders for justice to be dispensed without undue…
…delay and in a cost effective manner.…
Division and case type: Constitutional and Human RightsPetition
…In making reference to Article 50 of the Constitution, he submitted that a trial should begin and end without undue delay.…
Division and case type: Environment and Land CourtPetition
…That the 3-day delay in filing the reference fell on the criterion of without undue delay and is protected under Article 159 of the constitution.…
Division and case type: Environment and Land CourtPetition
…The Director General has a statutory compulsion to ensure that payment is made without undue delay.…