Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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: CivilCivil Appeal
…I asked Mr Dhanjal what prejudice the respondent would suffer if the application were granted and he said none, save that the Shs 1,518.10 had not been paid out to the respondent but he admitted the respondent had not asked…
…Wamunyama has to persuade me that there is some merit in his appeal and that if I extend the time for him to institute it, undue prejudice will not be caused to Nabiriki and that the delay is not inordinate cf Ladu Ltd v…
Division and case type: CriminalCriminal Appeal
…Whilst the High Court offered its protection in general to accused persons charged with conspiracy, it dismissed the appeal, because no prejudice would be caused in this particular case.…
…It is admitted that there is no illegality in such a joinder, but we agree that it ought not to be done in cases where it is likely to prejudice the conduct of the defence.…
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: 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: Anti-CorruptionCivil Appeal
…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 satised that real mischief or real prejudice are rightly anticipated.…
Division and case type: CriminalCriminal Appeal
…grounds of appeal that the learned Judge erred in law: in failing to find that the conviction of the appellant by the trial court had introduced and took into account matters that were never canvassed in evidence to the prejudice…
…Kebira relied on his written submissions to the effect that the learned Judge failed to find that the trial Court took into account matters that were never canvassed in evidence to the prejudice of the appellant; that the…
Division and case type: CivilCivil Appeal
…As the procedure was somewhat doubted, we should make it clear, that a formal application for amendment under rule 44 should be heard first by a single judge, as provided by rule 52 of the rules, without prejudice to the…
…Further and without prejudice to the situation between the plaintiff and first defendant on the basis of bailment for reward, the plaintiff averred that the first defendant had entered into a contract with the second defendant…
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 Appeal
…In the alternative but without prejudice to the denial, John Onyango stated that he bought the material parcel of land from Samson Luwayi in the year 1978 for Shs 5,000 of which sum an amount of Shs 4,500 was paid to Samson…
…No prejudice was occasioned to the appellants. The judge did not decide the appeal before him on the basis of the manner in which the trial was conducted.…
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: 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 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: 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
…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: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Appeal
…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…