Case law
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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: 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: 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: CriminalCriminal Appeal
…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: CriminalCriminal Appeal
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
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 Case
…But on the other hand the plaintiff has pointed to the alleged unsuitability of the site for the proposed house and used it to argue that it will reduce the value of the plot and business and that will thereby cause her prejudice…
Division and case type: CriminalCriminal Appeal
…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…
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: CivilCivil Case
…any or any one or more of the 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…
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: CriminalCriminal Appeal
…However, the prejudice may have been cured when the witnesses addressed the issue of overloading. I say “may” because even the issue of overloading was not proved beyond reasonable doubt.…
Division and case type: CriminalCriminal Appeal
…There would be no prejudice in substituting an alternate verdict under section 308(2) of the Penal Code on this ground. The appellant however has taken the prosecution witnesses to task.…
Division and case type: CriminalCriminal Appeal
…time when the trial first commenced and another magistrate taking over almost midway, is so short so as not to cause or produce any accountable loss of memory on their part, whether actual, presumed or pretended, to the prejudice…