Case law
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Division and case type: CivilCivil Case
…which reads:- “12. (1) A Tribunal shall, in relation to its areas of jurisdiction have power to do all things which it is required or empowered to do by or under the provisions of this Act, and in addition to and without prejudice…
Division and case type: CivilCivil Case
…The 1st defendant claims that by this arrangement the said Mary James became a trustee on behalf of the family in respect of the plot and therefore she could not sell or in any way deal with the property to the prejudice…
Division and case type: CriminalCriminal Appeal
…I am satisfied therefore that no prejudice of any sort was caused to the appellants by reason of the poorly drafted charge.…
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…
Division and case type: CivilCivil Appeal
…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: CriminalCriminal Appeal
…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.…
Division and case type: CriminalMiscellaneous Criminal Application
…The Kenya Court of Appeal held in Ochieng’s case that it is undesirable to charge an accused person with so many counts in one charge sheet as this may occasion prejudice and that usually, no more than 12 counts should be…
Division and case type: CivilCivil Appeal
…Although rule 76(1) is mandatory, Mr Gautama said even so the appeal is not incompetent because the respondent has not suffered any prejudice.…
Division and case type: Environment and LandLand Case
…On the other hand, the draft memorandum of appeal raises substantial grounds to justify good prospects of succeeding on appeal and I find no compelling reasons that the respondent will suffer prejudice or injustice in the…
Division and case type: Environment and LandCase
…On the other hand, the draft memorandum of appeal raises substantial grounds to justify good prospects of succeeding on appeal and I find no compelling reasons that the respondent will suffer prejudice or injustice in the…
Division and case type: CivilMiscellaneous Civil Application
…On the other hand, the draft memorandum of appeal raises substantial grounds to justify good prospects of succeeding on appeal and I find no compelling reasons that the respondent will suffer prejudice or injustice in the…
Division and case type: Constitutional and Human RightsConstitutional Petition
…On the other hand, the draft memorandum of appeal raises substantial grounds to justify good prospects of succeeding on appeal and I find no compelling reasons that the respondent will suffer prejudice or injustice in the…
Division and case type: Milimani Commercial CourtsCivil Case
…The Defendant pleads in the alternative and without prejudice that he was fraudulently induced by the said Harit Sheth, who was his advocate, to in effect commit himself to the Plaintiff by a letter dated 30th June, 2002…
Division and case type: CivilCivil Case
…VI rule 13 of the Civil Procedure Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against the 2nd defendant, it is scandalous, frivolous or vexatious, it may prejudice…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…(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…
Division and case type: CivilCivil Case
…The applicant contended that the defence a) “discloses no defence”, b) it is scandalous, frivolous and vexatious” c) it prejudice, embarrass or delay the fair trial of this action,” The application was supported by an eleven-paged…
Division and case type: Milimani Commercial CourtsElection Petition
…Judicial officers are nonetheless required to administer justice to all persons alike without fear, favour or prejudice in accordance with the Constitution and the law.…
…I will do justice to all without fear, favour, ill-will, affection or prejudice.…
Division and case type: CivilCivil Suit
…chamber summons under order VI rule 13(b) and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous and vexatious and or it may prejudice…
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…
Division and case type: CivilCivil Appeal
…the Act reads: 12(1) “A Tribunal shall in relation to its area of jurisdiction have power to do all things which it is required to or empowered to do by or under the provisions of this Act, and in addition to and without prejudice…