Case law
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Division and case type: Constitutional and Human RightsPetition
…question but that interest in payable on dishonoured bills of Exchange and the Petitioner had not tendered any amount in respect thereof I should make the order and suspend its operation if I felt that it would be in the interest…
…of justice so to do, in order to enable the company to pay the interest.…
Division and case type: CriminalCriminal Appeal
…In these circumstances, it would not be in the interest of justice to direct the High Court to admit the appeal to hearing as this will undoubtedly cause a further delay.…
Division and case type: CriminalCriminal Case
…concluded in his ruling that: “In the circumstances of this case, application of the decision in the case of Elijah Nyakebondo –VRepublic (2017) e-KLR quoted herein above is appropriate; and therefore this court will, in the interest…
…of justice to all the parties in the case, await production of the motor vehicle in question as an exhibit after the arresting officers, and the investigating officer give their evidence in relation thereto and the accused…
Division and case type: CivilMiscellaneous Application
…When the Rules prescribe some circumstances in which a temporary injunction may be issued then ordinarily the court cannot use its inherent powers to make orders in the interest of justice or to prevent abuse of the process…
…The Supreme Court held that the temporary injunction was therefore not an appropriate exercise of the court’s inherent jurisdiction to make any necessary orders in the interest of justice or to prevent abuse of the process…
Division and case type: CivilCivil Case
…In the circumstances, I thinkthat the interest of justice will be served by discharging theorders that had been given restricting the Defendant only to playsoft music at his premises.…
Division and case type: CivilCivil Appeal
…The first and real question for the judge was whether in the entire circumstances of the case, it was in the interest of justice for him to exercise his discretion and order Naushad Hussein Mohamedali Jiwa to be substituted…
Division and case type: CriminalCriminal Appeal
…The conspiracy indeed may merge with the offence 2.To this general rule there are exceptions, as for instance:- a)Where it is in the interest of justice to present an overall picture, which a series of relatively small substantive…
Division and case type: CriminalCriminal Appeal
…satisfactory trial” see also Braganza v R [1957] E A 152 Pyrall M Bassan v R, [1960] EA 854 and George Karanja Mwangi & others v R Criminal Appeal No 132 of 1983 (unreported) A re-trial may also be ordered if it is in the interest…
…of Justice and if no injustice is likely to be caused to the appellant.…
Division and case type: CivilCivil Appeal
…It was up to court, when it was pointed out in an application for review that judgment was entered against some defendants without being heard, to hold that the whole arbitration proceedings were a nullity in the interest…
…of justice and the judgment should be set aside.…
Division and case type: CivilCivil Appeal
…As the respondent has performed and completed the work under the sub-contract, and from which the employer has no doubt benefited, we think in the interest of justice, that leave to defend should be granted on terms.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…evidence so that the Petition may properly proceed as drawn. (3) Properly understood, Article 159 of the Constitution does not cure defects on jurisdiction; it only excuses “undue regard to technicalities of procedure” in the interest…
…of justice.…
Division and case type: Milimani Commercial CourtsCivil Case
…Act and order 39 rule 4 of the Civil Procedure Rules seeking an order that the honourable court be pleased to commit the respondent to prison for contempt of court orders for 6 months or such a period that will meet the interest…
…of justice for contempt of orders of this court given on 6th March 2000 and that costs be provided for.…
Division and case type: CivilCivil Case
…After seriously considering the issues herein, more especially the fact that the plaintiff had tried his best to comply with the court order, it is this court’s view that the interest of justice would be met if the orders…
Division and case type: CivilCivil Case
…After seriously considering the issues herein, more especially the fact that the plaintiff had tried his best to comply with the court order, it is this court’s view that the interest of justice would be met if the orders…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…of Criminal Appeal No. 363 of 2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief; and that in the interest…
…of justice an order for retrial or acquittal of the appellant ought to be made. [3] The appellant maintained that his right to a fair hearing was violated during the hearing of Criminal Appeal No. 363 of 2006 as the record…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…of Criminal Appeal No. 363 of 2006 was discriminatory, unconstitutional, and a breach of his fundamental rights; that the High Court sitting as a constitutional court should award him appropriate relief; and that in the interest…
…of justice an order for retrial or acquittal of the appellant ought to be made. [3] The appellant maintained that his right to a fair hearing was violated during the hearing of Criminal Appeal No. 363 of 2006 as the record…
Division and case type: CivilCivil Appeal
…That omission in view of the position in law to which we will revert in due course was fatal but, despite Mr Lakha’s objection and in the interest of justice, we received the original documents preferred by Mr Nowrojee during…
Division and case type: Environment and LandPetition
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: CivilCivil Case
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…
Division and case type: Constitutional and Human RightsJudicial Review
…During the pendency of the suit and it will be in the interest of justice to issue an injunction against further development on the suit properties.…