Case law
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Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…It could only be made by a lawyer who did not understand the significance of the words ‘without prejudice.’ You cannot have an agreement made without prejudice.…
…If an offer is made ‘ without prejudice’, evidence cannot be given of this offer.…
Division and case type: CriminalCriminal Appeal
…Upon considering the record and counsel’s submissions, we ask ourselves whether any prejudice had resulted to the appellant by his counsel’s absence at the stage of the proceedings when it occurred.…
…The appellant could not have suffered any prejudice during the presentation of the prosecution case and in his own defence he said nothing in court to incriminate himself.…
Division and case type: Milimani Commercial CourtsCivil Case
…Learned Counsel argued that if the suit was heard no prejudice would be suffered by the Plaintiffs and that the appeal itself would not be rendered nugatory in any way. Mr.…
…Kopere’s view was that with such specific findings on record, his clients stood to suffer prejudice if the proceedings proceeded to be heard. Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…Learned Counsel argued that if the suit was heard no prejudice would be suffered by the Plaintiffs and that the appeal itself would not be rendered nugatory in any way. Mr.…
…Kopere’s view was that with such specific findings on record, his clients stood to suffer prejudice if the proceedings proceeded to be heard. Mr.…
Division and case type: CivilCivil Appeal
…I asked Mr Dhanjal what prejudice the respondent would suffer if the application were granted and he said none, save that the Shs 1,518.10 had not been paid out to the respondent but he admitted the respondent had not asked…
…Wamunyama has to persuade me that there is some merit in his appeal and that if I extend the time for him to institute it, undue prejudice will not be caused to Nabiriki and that the delay is not inordinate cf Ladu Ltd v…
Division and case type: CivilCivil Suit
…So on any view of the matter the defendants intended conduct cannot in law prejudice the Plaintiff’s legal right, if any.…
…If it is borne in mind that in interlocutory injunction is granted in order that the risk of a serious prejudice to the Applicant’s legal rights between the time of the application and the time of trial may be forestalled…
Division and case type: Constitutional and Human RightsPetition
…Court of Appeal that the failure to comply with Rule 23 was not fatal to the petition and there was no evidence to suggest that, at this stage the case had reached, the company had suffered any substantial or irremediable prejudice…
…I have therefore to ascertain if irremediable prejudice or injustice would be suffered by the petitioner in the circumstances that obtain in this case.…
Division and case type: CriminalMiscellaneous Criminal Application
…other action with respect to the same matter’ in section 84 (1); and we shall deal first with the words ‘without prejudice to’ and then go on to consider those which follow them.…
…According to Collins Dictionary, the words “without prejudice” in law mean, “without dismissing or detracting from an existing right or claim”.…
Division and case type: CivilCivil Case
…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: CriminalCriminal Appeal
…It cannot be easily argued that the trial did not therefore embarrass and or prejudice the appellant.…
…This means that the same will not have been obtained from the accused either by fear of prejudice or hope of advantage exercised or held out by a person in authority.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…on the general principles set out in Order I rule 10 (2) bearing in mind the unique circumstances of each case with regard to the necessity of the party in the determination of the subject matter of the suit, any direct prejudice…
…The Court at this stage does not determine the proposed Interested Party’s case on the merits as that might prejudice the fair trial of the matter should the party be joined in the suit.…
Division and case type: CivilCivil Case
…In other words the court must not maintain the status quo to the detriment of the defendant unless it can be shown that not doing so would greatly prejudice the plaintiff.…
…I am left therefore to decide whether I should rather stop the intended breach of contract than risk prejudice to the plaintiff.…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…
Division and case type: Anti-CorruptionPetition
…The vacating of those orders would therefore presuppose a situation where the Petitioner’s Application ought to be reinstated and heard on merit to prevent prejudice being visited upon the Petitioner. 7.…
…(f)That neither would the Petitioner suffer any prejudice nor would the Petition be rendered nugatory if the orders sought are not granted.” 10.In addition to the above grounds, Miss Lunyolo learned counsel for the 1st Respondent…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: CivilCivil Case
…Nairobi as the security for costs of the defendant herein as this said property is the sole and only property or asset owned or held by the Africa Club, which has nothing else absolutely; and in the alternative and without prejudice…
…That in the interest of natural justice and equity this honorable Court be pleased to review its order of 11.3.92 in so far as the same grounds the applicant/defendant 4 (four) days. 7) That in the alternative but without prejudice…
Division and case type: CriminalCase number Criminal Application
…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…