Search court decisions

…prejudice to the appellant in the superior court as the application was stated to be based on the grounds in the affidavit of the applicant (respondent to this appeal) which affidavit (paragraph 3 thereof) referred to delay of fair…

…trial of the action which ground falls under order V1 rule 13 (1) (c).…

…following grounds: i) where the pleading does not disclose reasonable cause of action or defence or; ii) where the pleading is scandalous, frivolous or vexatious or; iii) if the pleading may prejudice, embarrass or delay the fair…

…trial of the action or; iv) if it I an abuse of the process of the court.…

…seven grounds of appeal: that the trial court relied on inconsistent evidence; that the evidence on record did not support the charge; that the appellant’s defence was not considered; that the appellant was not accorded a fair…

…trial; that the evidence relied on was uncorroborated; that the trial court considered extraneous matters; that the charge was fundamentally defective; and that no offence was disclosed.…

…Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against the 2nd defendant, it is scandalous, frivolous or vexatious, it may prejudice embarrass or delay the fair…

…trial of the action or it is otherwise and abuse of the process of the court.…

…The applicant contended that the defence a) “discloses no defence”, b) it is scandalous, frivolous and vexatious” c) it prejudice, embarrass or delay the fair trial of this action,” The application was supported by an eleven-paged…

…The sum total of their argument is that: (1) The suit was filed way back in 1992 and since then the plaintiff has not moved the Court to have the same heard and as such it is the plaintiff who has delayed the fair trial of…

…publicity attending to conduct of the criminal trial against the appellant being R M Criminal Case No 213/84 in the same court which took place a few days prior to the present trial, the appellant could not and did not have fair…

…trial within the meaning of section 77 of the Constitution of Kenya; 3.The learned judges erred in failing to appreciate fully or at all, and to hold that the learned trial magistrate had fallen into error and committed…

…The 1st Appellant in his Petition of Appeal alleges that he was not given a fair trial by the learned trial Magistrate as he had refused his request to seek assistance from the Tanzanian High Commissioner to arrange for them…

…The 1st Appellant in his Petition of Appeal alleges that he was not given a fair trial by the learned trial Magistrate as he had refused his request to seek assistance from the Tanzanian High Commissioner to arrange for them…

…All in all the conduct of plaintiffs’ case has been so slovenly that it would be impossible now to have a fair trial if the proposed amendments were allowed and I would add that this court has adopted with approval a passage…

…At the same time, it must never be forgotten that an impartial judge is a fundamental prerequisite for a fair trial and a judicial officer should not hesitate to recuse herself or himself if there are reasonable grounds on…

…At the same time, it must never be forgotten that an impartial judge is a fundamental prerequisite for a fair trial and a judicial officer should not hesitate to recuse herself or himself if there are reasonable grounds on…

…would be illogical to give judgment on admissions contained in the defence and at the same time strike out that defence it does appear to me that the defence at least in part tended to prejudice, embarrass and delay the fair…

…trial of the action.…

…parte Topping [1983] 1 All ER 490 at 494 in which Ackner LJ posed the crucial question: “. . . would a reasonable and fair minded person sitting in Court and knowing all the relevant facts have a reasonable suspicion that a fair…

…trial for the applicant would not be possible?”…