Search court decisions

…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…

…be heard either personally or by an Advocate before the High Court when exercising its powers of revision.”, but it must not be forgotten that section 364 (2) provides that:- “No order under this section shall be made to prejudice…

…The ex-parte order made by Patel, J staying the orders of the Chief Magistrate was obviously an order prejudicing the rights of the appellant. Mr.…

…Although rule 76(1) is mandatory, Mr Gautama said even so the appeal is not incompetent because the respondent has not suffered any prejudice.…

…(inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if another person alleges a contravention in relation to the detained person), then, without prejudice…

…It is not therefore true that the appellant was denied a fair hearing or that he suffered any prejudice or miscarriage of justice. [33] We take cognizance of the fact that Article 50 (6) of the Constitution of Kenya 2010…

…We are of the view that the omissions in the record of the proceedings did not cause any miscarriage of justice or prejudice to the appellant; but a more careful record is required showing their full participation in the…

…Had the Republic proved beyond any reasonable doubt that they had not been obtained from Anupcand or Vijay by fear of prejudice or hope of an advantage excited or held out by a person in authority or oppression?…

…Unless the evidence relating to the challenged statement is heard before the judge alone, there is a serious risk of prejudice to an accused person on two grounds.…

…court shall, save as otherwise expressly provided, have a final discretion as to the person or persons to whom a grant of letters of administration shall, in the best interests of all concerned, be made, but shall, without prejudice…

…I have referred earlier to the wide discretion granted to a court under section 211 however that discretion is tempered by the words in sub-section 2 (b) namely that to wind up the company would unfairly prejudice that part…

…This case which is commonly referred to as the Kasmare case has turned out to be locus classicus in England on the use of remedies available to members of a company in the event of unfair prejudice suffered by them.…

…She expected no justice from them but bias and prejudice. She would therefore seek their disqualification.…

…As in this case no prejudice has been caused, and as we have found against the respondent, no further action is necessary. Kneller JA.…

…The consequence caused the appellant no prejudice and the point should not have been taken by the appellant’s advocate.…

…We will, however, for the reasons set out above, and without prejudice to whatever future steps the respondent may wish to take, allow the appeal against all the other orders made by the learned Judge in her "judgment" appealed…

…The head note reads: “No action lies against a judge in respect of any act done by him in his judicial capacity, even though he acted oppressively and maliciously, to the prejudice of the plaintiff and to the perversion of…

…While it may have been desirable to call Dr Gakinya in the trial within a trial, we do not think in the case of this appellant it would have served any purpose and that omission did not cause any prejudice to the appellant…

…The end result of what is alleged to have transpired from the meetings of 6th June, 1990 and the subsequent events leading to the incorporation of the appellant and its being granted Special Mining Lease No 19 was to prejudice…

…Clearly, the dominant reason for this decision was the appellant’s conflicting interests with those of Stones Limited to the prejudice of the respondent’s property rights in the latter company as manifested by the material…

…Consequently the Bank acquired an unimpeachable title to the Charge, because:- The Vendor cannot prejudice an innocent purchaser solely by his own fraud to which the purchaser was no party and of which he had no knowledge…

…inclusive) has been, is being or is likely to be contravened in relation to him ( or, in the case of a person who is detained, if another person alleges a contravention in relation to the detained person ), then, without prejudice…

…There was no complaint that the company suffered any prejudice or any injustice.…

…It is the same with any damages due in consequence of pecuniary prejudice caused to other persons, the maintenance of his wives, whose marriage remains in suspense, and the maintenance of his ascendants and descendants.”…

…The complaints made in the petition and particularly those alleging irregularities all are claimed to have caused prejudice to the petitioner personally.…