Search court decisions

…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.…

…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…

…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.…

…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…

…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.…

…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.…

…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…

…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…

…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…

…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…

…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.…

…Although rule 76(1) is mandatory, Mr Gautama said even so the appeal is not incompetent because the respondent has not suffered any prejudice.…

…(inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if another person alleges a contravention in relation to the detained person), then, without prejudice…

…It is not therefore true that the appellant was denied a fair hearing or that he suffered any prejudice or miscarriage of justice. [33] We take cognizance of the fact that Article 50 (6) of the Constitution of Kenya 2010…

…We are of the view that the omissions in the record of the proceedings did not cause any miscarriage of justice or prejudice to the appellant; but a more careful record is required showing their full participation in the…

…court shall, save as otherwise expressly provided, have a final discretion as to the person or persons to whom a grant of letters of administration shall, in the best interests of all concerned, be made, but shall, without prejudice…