Case law
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Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…What is or is not an inordinate delay must depend on the facts of each particular case. These vary infinitely from case to case, but it should not be too difficult to recognize inordinate delay when it occurs.…
…Has there been an inordinate delay by the Appellant in filing the Memorandum of Appeal? ii.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Miscellaneous
…In the case of Utalii Transport Company Limited & 3 others (supra) the court had this to say on what amounts to inordinate delay:- “Whereas there is no precise measure of what amounts to inordinate delay, and whereas what…
…Application E587 of 2024 (Supra) the court stated thus: - “Several courts have given several opinions on what amounts to ‘inordinate’ delay.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…She further averred that even if the Court acknowledges an error in the dates and the resultant finding of inordinate delay, that would not affect the other findings.…
…delay. 10.…
Division and case type: Environment and Land CourtAppeal
…The Respondents thus prayed that this court finds that there was unexplained inordinate delay in filing the instant application. 22.…
…[2014] eKLR held as follows: ‘‘6 There is no rule as to what constitutes inordinate delay.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Respondent contended that the Applicant has failed to offer any plausible reason for this inordinate delay.…
…of what amounts to inordinate delay and whereas what amounts to inordinate delay will differ from case to case depending on the circumstances of each case; the subject matter of the case; the nature of the case; the explanation…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…There is no reason given in the 'affidavit' which is not sworn for the inordinate delay.…
…As there is no reason advanced for the inordinate delay from 1/9/2022 and as sentence imposed is below mandatory minimum, I find no merit in the application dated 14/10/2024 which is hereby dismissed. 5.…
Division and case type: High Court DivCivil Appeal
…Whether or not a party is guilty of inordinate delay depends on the circumstances of the case.…
…Whether or not a party is guilty of inordinate delay depends on the circumstances of the case.…
Division and case type: High Court CivilCivil Appeal
…In Ivita V Kyumbu [1984] KLR 441, the Court of Appeal held that the Applicant must demonstrate; · Inordinate delay; · Inexcusable delay; and · Prejudice to the Respondent . 15.…
…Kimenyi V Attorney General & Another [2014] eKLR , the Court observed: "Inordinate delay will differ from case to case depending on the circumstances of each case...... nevertheless, inordinate delay should not be difficult…
Division and case type: High Court CivilCivil Appeal
…In Ivita V Kyumbu [1984] KLR 441, the Court of Appeal held that the Applicant must demonstrate; · Inordinate delay; · Inexcusable delay; and · Prejudice to the Respondent . 15.…
…Kimenyi V Attorney General & Another [2014] eKLR , the Court observed: "Inordinate delay will differ from case to case depending on the circumstances of each case...... nevertheless, inordinate delay should not be difficult…
Division and case type: High Court DivCivil Case Miscellaneous
…That the delay is not inordinate and has been explained (Mwaura Muthumbi Vs Josephine Wanjiru Ngugi & Another [2018]eKLR).…
…And that there is no inordinate delay.…
Division and case type: High Court CivilCivil Case Miscellaneous
…What amounts to inordinate delay was considered in the case of Nairobi HCC No. 32 of 2010, Utalii Transport Company Limited & 3 Others v NIC Bank Limited & another [2014] eKLR and the Court in determining what amounted to…
…inordinate delay had this to say; “Whereas there is no precise measure of what amounts to inordinate delay.…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…Therefore, where an applicant demonstrates that they stand to suffer substantial loss and seeks stay of execution without inordinate delay, the court may grant stay of execution. 8.…
…On the question of whether or not there was inordinate delay in seeking stay, it is clear that the application herein was been brought a year after delivery of judgement and in my view, the same is tainted with inordinate…
Division and case type: High Court CivilCivil Case Miscellaneous
…She deposed that the instant application has been brought six (6) months after the lapse of statutory period amounted to an inordinate delay and that the reason advanced for the delay is not plausible as judgment was delivered…
…This is an inordinate delay. 10. As to the reason for the delay, in the body of the Motion, the applicants stated in ground No.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…he lost income on account of the inordinate delay. 19.…
…delay.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Additionally, that there has been an inordinate delay in filing this application as the judgement of the trial court was delivered more than Two Months, and Three Weeks ago.…
…What amounts to inordinate delay was considered in the case of Nairobi HCC No. 32 of 2010, Utalii Transport Company Limited & 3 Others v NIC Bank Limited & another [2014] eKLR and the Court in determining what amounted to…
Division and case type: Environment and Land CourtAppeal
…The Respondent contends that the present application is an abuse of the court process, is brought after inordinate delay of approximately two years, and that no sufficient explanation has been offered.…
…Finally, although the Court is enjoined under Article 159(2)(d) of the Constitution to administer justice without undue regard to procedural technicalities, this provision is not a panacea for indolence or inordinate delay…
Division and case type: Environment and Land CourtCivil Suit
…Whether the application has been brought without inordinate delay; d. Whether security has been availed. 7. In the present motion I have noted that a notice of appeal as filed.…
…Thirdly I must consider whether the application has been brought without inordinate delay. The judgment was delivered on 22/11/2023 and the application for state was filed on 30/11/2023.…
Division and case type: High Court CivilCivil Case Miscellaneous
…What amounts to inordinate delay was considered in the case of Nairobi HCC No. 32 of 2010, Utalii Transport Company Limited & 3 Others v NIC Bank Limited & another [2014] eKLR and the Court in determining what amounted to…
…inordinate delay had this to say; “Whereas there is no precise measure of what amounts to inordinate delay.…
Division and case type: High Court CivilCivil Case Miscellaneous
…to what constitutes inordinate delay.…
…Whether or not a party is guilty of inordinate delay depends on the circumstances of the case.…
Division and case type: High Court DivCivil Appeal
…That notwithstanding the question is whether there was inordinate delay in filing the application for extension of time. 19.…
…In considering what amounts to inordinate delay, the court in Utalii Transport Company Limited & 3 others vs.…