Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…She expected no justice from them but bias and prejudice. She would therefore seek their disqualification.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…But the appellant had been in no doubt what charge he was facing, and no prejudice had been occasioned. The trial court had “clearly found misappropriation”, which amounted to theft.…
Division and case type: CivilCivil Case
…to advance “is not completed within 3 months of the acceptance of the offer or within such time for acceptance as may be extended by the Society, then the agreement to advance may be terminated by the Society without any prejudice…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilMiscellaneous Application
…The extent of the disclosure required by natural justice may have to be weighed against the prejudice to the scheme of the Act which disclosure may involve." In the case of Fairmount Investment Ltd. v.…
Division and case type: Environment and LandPetition
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Case
…Although it would be illogical to give judgment on admissions contained in the defence and at the same time strike out that defence it does appear to me that the defence at least in part tended to prejudice, embarrass and…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…On the other hand, if the injunction is issued, the same would highly prejudice the Defendant as it will have no means of realizing the sums due and owing from the Applicant, whereas the Plaintiff’s loss, if any, can be adequately…
Division and case type: CivilCivil Appeal
…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…
Division and case type: Milimani Commercial CourtsCriminal Case
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…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…
Division and case type: CivilCivil Suit
…Indeed that was the position but since the situation was correct and since no miscarriage of justice or prejudice was suffered that does not affect the validity of the application.…
Division and case type: CivilCivil Appeal
…authorities mentioned by Brandon, J in The Eleptheria [1970] p. 94 at p.100 are (a) in exercising its discretion the court should take into account all the circumstances of the particular case; (b) in particular, but without prejudice…
Division and case type: CivilCivil Appeal
…There was no complaint that the company suffered any prejudice or any injustice.…
Division and case type: CivilCivil Appeal
…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.”…