Case law
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Division and case type: GeneralUnclassified
…We think that, in the interest of justice we should accede to the application for adjournment, which we hereby grant.…
Division and case type: CivilCivil Appeal
…The letter of objection itself contains these relevant portions:- “That the Hon Chief Justice may, in the interest of justice being seen to be done, wish to appoint a different Bench (from the one which heard the other appeal…
…With great respect, it is my firm view that purported words of courtesy in the objection correspondence apart, the gist of the objection is no more and no less than saying- “In the interest of justice we ask for Judges of…
Division and case type: CriminalCriminal Appeal
…We allow this appeal and set aside the conviction and sentence and in the interest of justice we order an expeditious retrial before any other judge of the High Court. These are our orders.…
Division and case type: CriminalCriminal Case
…That it is in the best interest of justice, fairness and expediency in all circumstances of the case that this application be allowed considering the error was not deliberate. 3.…
Division and case type: CriminalCriminal Appeal
…The learned judge in his note on the sentence he chose included these phrases:– “Considering, therefore, all these circumstances, it would not be in the interest of justice to let accused {go} scot free under the pretext…
Division and case type: Constitutional and Human RightsPetition
…It is therefore in the interest of justice that an interim order should be made exparte.…
Division and case type: CivilCivil Appeal
…There is no doubt that an amendment can always be allowed if the interest of justice so requires. The position in the present case is somewhat a curious one.…
…We are, therefore, inclined to think that the interest of justice was best served by allowing the applicant to amend.…
Division and case type: CivilCivil Case
…The applicant has further deponed by his affidavit in support of the motion that he stands to suffer greatly because of the mistake of his advocate and so in the interest of justice the application ought to be allowed.…
Division and case type: CivilCivil Appeal
…The applicant has further deponed by his affidavit in support of the motion that he stands to suffer greatly because of the mistake of his advocate and so in the interest of justice the application ought to be allowed.…
Division and case type: Milimani Commercial CourtsCivil Case
…However since there is a dispute over whether the premises are partitioned, what is evident is that the property is held by both defendants in common, it is in the in the interest of justice that all the future rent is paid…
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: 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
…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: 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…