Case law
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Division and case type: CivilCivil Case
…It could only be made by a lawyer who did not understand the significance of the words ‘without prejudice.’ You cannot have an agreement made without prejudice.…
…If an offer is made ‘ without prejudice’, evidence cannot be given of this offer.…
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: CriminalCriminal Appeal
…Upon considering the record and counsel’s submissions, we ask ourselves whether any prejudice had resulted to the appellant by his counsel’s absence at the stage of the proceedings when it occurred.…
…The appellant could not have suffered any prejudice during the presentation of the prosecution case and in his own defence he said nothing in court to incriminate himself.…
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: 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: CriminalMiscellaneous Criminal Application
…other action with respect to the same matter’ in section 84 (1); and we shall deal first with the words ‘without prejudice to’ and then go on to consider those which follow them.…
…According to Collins Dictionary, the words “without prejudice” in law mean, “without dismissing or detracting from an existing right or claim”.…
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: CivilCivil Case
…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…
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: 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
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without 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 Case
…In other words the court must not maintain the status quo to the detriment of the defendant unless it can be shown that not doing so would greatly prejudice the plaintiff.…
…I am left therefore to decide whether I should rather stop the intended breach of contract than risk prejudice to the plaintiff.…
Division and case type: CriminalCase number Criminal Application
…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…
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: 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.…