Case law
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Division and case type: CivilCase number Civil Application
…(d) The application has been brought without undue delay and the granting of the orders sought will not cause any prejudice to the respondent not remediable by costs.…
…Majanja did not raise any matters as concerns prejudice to his client and he could not as there was no replying affidavit filed in the matter.…
Division and case type: CivilCivil Appeals numbered
…She conceded that such non-numbering did not prejudice her in any manner. I did not call upon Mr. Masika to respond to the said objection and I stated that I will incorporate my reasons for overruling Mrs.…
…Numbering of the 10th line of each page of the record is a matter for convenience of the Court and Counsel and although the rule (Rule 13(5)) makes such numbering mandatory, I am of the view that when no prejudice is caused…
Division and case type: CivilCivil Appeal
…Alternatively and without prejudice to the foregoing, the defendant states that on August 15, 1984 the plaintiff misrepresented to the defendant that the ownership of the 996 bags of Procida Bordeaux Mixture and/or the right…
…the respondent’s application for summary judgment had this to say: “These misrepresentations are denied in Mr Flynn’s affidavit, but even if they were made on behalf of the plaintiff it is difficult to know how they could prejudice…
Division and case type: Anti-CorruptionCivil Appeal
…There was no mischief or probability of mischief or prejudice ever arising from clerke acting for the opponent company.…
…Applying the above tests to the facts in the present case, I must be satised that real mischief or real prejudice are rightly anticipated.…
Division and case type: CriminalCriminal Appeal
…the authorities as they now stand Republic v Mongella s/o Ngui (1934) 1 EACE 152, Ngidipe Bui Kapriram & Another v R. (1939) 6 EACA 118 and AttorneyGeneral v Onyango Oludhe & Another, (1954) 21 EACE 238 – the question of prejudice…
Division and case type: CivilCivil Appeal
…Whilst we would expect want counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based…
Division and case type: CivilCivil Appeal
…Thus, the question whether Plot No. 133 R Ongata Rongai was the same as Plot No. 133 B Ongata Rongai, though not formally framed, was properly determined by the trial court, and no prejudice or injustice was occasioned to…
…No prejudice or injustice had been suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…
Division and case type: CivilCase number Civil Application
…If the plaintiff gets a notice of appeal now concerning the damages the tardy service of the notice on liability cannot prejudice him.…
…Similarly if the record of appeal is now lodged for the full appeal, the lack of an earlier record of appeal will not prejudice the appellant.…
Division and case type: CivilCivil Case
…negotiations to attempt an out of Court settlement of the matter and there was a discharge of indemnity voucher signed by the plaintiff/applicant on 27th January 1992 acknowledging receipt of the sum of Kshs 67,900/= on a without prejudice…
Division and case type: CriminalCriminal Appeal
…The court cannot however continue to protect a party which has taken no steps to help itself, particularly when its inaction is occasioning prejudice to the other side.…
Division and case type: CivilCivil Case
…The respondent Njoroge Njuguna is not likely to suffer any prejudice, he has claimed. Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…
Division and case type: CivilCivil Appeal
…The respondent Njoroge Njuguna is not likely to suffer any prejudice, he has claimed. Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…
Division and case type: CivilCivil Appeal
…Accordingly, counsel submitted that no prejudice resulted to the applicant by this omission.…
Division and case type: CivilCivil Appeal
…Accordingly, counsel submitted that no prejudice resulted to the applicant by this omission.…
Division and case type: CivilCase number Civil Application
…whether t o 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…
Division and case type: CivilMiscellaneous Application
…suggestion that he discussed any of the cases then pending before me, which he certainly did not. (7) There is no actual evidence that there are real grounds for doubting my ability to ignore extraneous considerations, prejudices…
…Among these factors is the length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration…
Division and case type: CivilCivil Appeal
…disputed facts and law which made the controversy so focused on such a diversity of questions going beyond affidavit materials and interlocutory arguments and that to attempt to resolve the conflict at that stage would prejudice…
Division and case type: CivilCivil Appeal
…suggestion that he discussed any of the cases then pending before me, which he certainly did not. (7) There is no actual evidence that there are real grounds for doubting my ability to ignore extraneous considerations, prejudices…
…Among these factors is the length of any delay, the explanation for the delay, the prejudice of the delay to the other party, the merits of the appeal (without holding a mini-appeal) the effect of the delay on public administration…
Division and case type: CriminalCriminal Appeal
…be heard either personally or by an Advocate before the High Court when exercising its powers of revision.”, but it must not be forgotten that section 364 (2) provides that:- “No order under this section shall be made to prejudice…
…The ex-parte order made by Patel, J staying the orders of the Chief Magistrate was obviously an order prejudicing the rights of the appellant. Mr.…
Division and case type: CivilCivil Appeal
…Although rule 76(1) is mandatory, Mr Gautama said even so the appeal is not incompetent because the respondent has not suffered any prejudice.…