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…Substituted service is a last resort after all efforts to serve in person have failed.…

…Failure of the portal to indicate precise orders or Directions and lack of success in the follow-up with the Court registry should not have been the last resort. The orders in the Court file were quite clear. …

…Striking out of pleadings and suits is a draconian action that ought to be undertaken only as a last resort when the pleading or the suit is so hopelessly defective that it cannot be cured by any amount of amendment.…

…That civil jail ought to be a last resort. That the Respondent has not demonstrated any act of the Applicant’s refusal to pay. Counsel urged the court to allow the application and set aside the warrants.…

…But this court is a court of last resort. Unfortunately a great deal of time has elapsed since the goods were deposited in the Warehouse in 1977.…

…The general principle is that expressed in the Connecticut Fire Insurance Co v Kavanagh (1882) 61 LJPC “When a question of law is raised for the first time in a Court of last resort upon the construction of a document or…

…The Court of Appeal has in numerous cases expressed that striking out pleadings should be the last resort. In this regard the Respondent referred this court to the cases of Cooperative Bank Ltd Vs.…

…That since an unless order was an order of last resort failure to comply would ordinarily activate the sanction it imposed; that where there had been such failure the court would consider the overall justice of the particular…

…the requirements of order 42 Rule 6 of the civil procedure Rules, the application having been made timeously and having demonstrated substantial loss by the committal to civil jail of the Applicant, as committal was the last…

…resort under Section 38 of the Civil Procedure. 11.…

…Striking out of pleadings and suits is a draconian action that ought to be undertaken only as a last resort when the pleading or the suit is so hopelessly defective that it cannot be cured by any amount of amendment.…

…, the defence if any should also be considered; and so should the question as to whether the plaintiff can reasonably be compensated by costs for any delay bearing in mind that to deny a litigant a hearing should be the last…

…resort of a court.…

…The Supreme Court of Kenya in Republic v Ahmad Abolfathi Mohammed & Sayeed Mansour Mousavi [2018] KESC 51 (KLR ) stated that contempt proceedings are quasi-criminal, they must be exercised with utmost care and only as a last…

…resort and an applicant must establish that the alleged contemnor’s conduct was deliberate, in the sense that he or she wilfully acted in a manner that flouted the court order. 23.…

…While striking out pleadings is a drastic action that should be applied as a last resort, the court finds that lack of capacity to sue on the part  of a plaintiff is such a fundamental defect in the suit that cannot be rectified…

…While striking out pleadings is a drastic action that should be applied as a last resort, the court finds that lack of capacity to sue on the part  of a plaintiff is such a fundamental defect in the suit that cannot be rectified…

…In Republic vs Ahmad Abolfathi Mohammed & Another [2018]eKLR the Supreme Court held that “the power to commit a person to jail must be exercised with utmost care, and exercised only as a last resort.…

…Courts ought to be for a of last resort and not the first port of call the moment a storm brew….…

…That, as said by Ainley J (as he then was) in Sodha v Hemraj [1952] Uganda LR Vol 7, p 11, should be the last resort of any court.…

…It should not have been submitted as a constitutional Petition, but rather as an ordinary plaint, thereby circumventing the Last Resort Rule that dictates that judges/courts should ideally adjudicate cases based on non-constitutional…

…He further submits that he set out with precision of the infringements and he exhausted all Available Avenues and approached the court as a last resort. 15.…

…The Respondent did state that although the provision of Order 17 Rule 2 (5) of the Civil Procedure Rules, 2010 did indeed provide for a dismissal of the suit for want of prosecution, such an Order should be granted as a last…

…resort.…

…The Supreme Court of Kenya in Republic v Ahmad Abolfathi Mohammed & Sayeed Mansour Mousavi [2018] KESC 51 (KLR) stated that contempt proceedings are quasi-criminal, they must be exercised with utmost care and only as a last…

…resort and an applicant must establish that the alleged contemnor’s conduct was deliberate, in the sense that he or she wilfully acted in a manner that flouted the court order. 23 The court will be guided accordingly. 24…