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…It would prejudice his client since it did not amount to an agreement. Mr.…

…That the letter was marked “without prejudice” did not detract from such admission. “Without Prejudice” meant without admission of liability but here there was express admission of liability and a proposal for payment.…

…The House of Lords held that without prejudice correspondence exchanged with the object of effecting a compromise in the action was privileged.…

…It was his submission that the principal question in the case was whether the without prejudice correspondence were discoverable in a civil suit.…

…Additionally, the Applicant asserts that they stand to suffer great prejudice if the orders sought are not granted. Conversely, no prejudice will be occasioned to the Respondent if the Court allows the application.…

…On prejudice, it is contended that the Respondent has not demonstrated any prejudice in his replying affidavit and that in succession matters the overriding consideration is the fair and just distribution of the estate.…

…Learned counsel for the appellant on his part submits that without prejudice negotiations can never be enforced.…

…Both parties have cited several decisions on the import of without prejudice correspondence.…

…It is further contended that the Respondent will not suffer prejudice, as they will retain the opportunity to cross-examine the new witness.…

…It is pointed out that the Plaintiff previously resisted the defendants’ late amendment on grounds of prejudice and delay, and cannot now subject the defendants to identical prejudice without violating the equality of arms…

…The Court emphasized that the overriding consideration is whether prejudice would be suffered by creditors or shareholders. 8. Bank of Baroda Kenya Limited v Registrar of Companies (Misc. Appl. No.…

…The Court reiterated that the purpose of registration is to protect creditors, and where no prejudice is shown, extension should be granted. 9. Further, in Bank of Baroda Kenya Limited v Registrar of Companies (Misc.…

…), and, (b) it must be unfair. 12.The test as to what amounts to unfair prejudice is objective.…

…For example, a member can clearly show prejudice if the economic value of his shares has significantly decreased or is put in jeopardy by the conduct of which the complaint is made.2 However, prejudice justifying a Petition…

…The Respondents argue that no prejudice has been suffered by the Applicant. However, this contention overlooks the broader prejudice inherent in parallel proceedings.…

…Thus, while the Respondents may assert that the Applicant has not demonstrated specific prejudice, the prejudice is systemic and inherent in the very nature of liquidation.…

…The Court emphasized that the overriding consideration is whether prejudice would be suffered by creditors or shareholders. 8. Bank of Baroda Kenya Limited v Registrar of Companies (Misc. Appl. No.…

…The Court reiterated that the purpose of registration is to protect creditors, and where no prejudice is shown, extension should be granted. 9. Further, in Bank of Baroda Kenya Limited v Registrar of Companies (Misc.…

…Prejudice 17. The 1st Respondent contended that allowing the amendment will delay disposal of the appeal and reopen settled issues. 18.…

…My finding is that while delay is undoubtedly undesirable, I am not persuaded that the prejudice complained of is one that is incapable of remedy.…

…Whether any irregularity occasioned prejudice warranting revision; andiv. What orders should issue. ANALYSIS Nature of Revisionary Jurisdiction 14.…

…However, courts have also consistently held that there is no rigid statutory time limit for disclosure , and what is required is reasonableness and absence of prejudice and irregularities that do not occasion prejudice do…

…The Plaintiff contends that although the impugned letter bears the heading "Without Prejudice", it falls within the recognised exceptions to the without prejudice rule.…

…However, it is equally settled that the without prejudice rule is not absolute.…

…The Applicants contend that the delay was inadvertent, not deliberate, and that no prejudice will be caused to the company’s creditors or shareholders. Analysis and Determination 5.…

…On the question of prejudice, there is no evidence before the Court suggesting that any third-party rights have intervened or that the company has entered into liquidation.…

…She further argues that KUJ has not demonstrated any prejudice it stands to suffer if not enjoined. Issues for Determination 10.…

…The affidavit of Erick Oduor does not identify any prejudice personal to KUJ.…

…accorded to without prejudice communications. 27.…

…Whether the ‘without prejudice agreement’ is admissible. 65. The respondent contends that the agreement is not admissible as it was on a ‘without prejudice’.…

…She further argues that KUJ has not demonstrated any prejudice it stands to suffer if not enjoined. Issues for Determination 10.…

…The affidavit of Erick Oduor does not identify any prejudice personal to KUJ.…

…The Applicants argue that; the amendments are necessary for proper resolution of the issues; will not introduce new facts but instead clarify the existing ones and will not prejudice the Respondents.…

…Nation Media Group & another [2021] eKLR where the court emphasized that amendments should be freely allowed if they do not prejudice the opposing party or if any resulting inconvenience can be compensated with costs.…

…Importantly, no evidence has been placed before the Court to suggest that any creditor or third party has suffered prejudice as a result of the delay.…

…On the contrary, the 3rd Applicant stands to suffer substantial prejudice if the Debenture is rendered void. 10.…

…It is the Applicant’s case that another guiding principle to a court dealing with a matter of this nature is whether a respondent will suffer prejudice if the application is allowed. 14.…

…It is its case that it is an established principle in matters of this nature that a party who stands to suffer prejudice due to an application for leave to appeal out of time, should demonstrate such prejudice by way of evidence…