Search court decisions

…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.…

…(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.…

…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…

…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…

…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…

…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 satised that real mischief or real prejudice are rightly anticipated.…

…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…

…It cannot be easily argued that the trial did not therefore embarrass and or prejudice the appellant.…

…This means that the same will not have been obtained from the accused either by fear of prejudice or hope of advantage exercised or held out by a person in authority.…

…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…

…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 suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…

…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.…

…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.…

…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.…

…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.…

…Accordingly, counsel submitted that no prejudice resulted to the applicant by this omission.…

…Accordingly, counsel submitted that no prejudice resulted to the applicant by this omission.…

…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…

…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…

…The 1st defendant claims that by this arrangement the said Mary James became a trustee on behalf of the family in respect of the plot and therefore she could not sell or in any way deal with the property to the prejudice…