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…(d) The application has been brought without undue delay and the granting of the orders sought will not cause any prejudice to the respondent not remediable by costs.…

…Majanja did not raise any matters as concerns prejudice to his client and he could not as there was no replying affidavit filed in the matter.…

…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.…

…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.…

…She conceded that such non-numbering did not prejudice her in any manner. I did not call upon Mr. Masika to respond to the said objection and I stated that I will incorporate my reasons for overruling Mrs.…

…Numbering of the 10th line of each page of the record is a matter for convenience of the Court and Counsel and although the rule (Rule 13(5)) makes such numbering mandatory, I am of the view that when no prejudice is caused…

…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.…

…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”.…

…Alternatively and without prejudice to the foregoing, the defendant states that on August 15, 1984 the plaintiff misrepresented to the defendant that the ownership of the 996 bags of Procida Bordeaux Mixture and/or the right…

…the respondent’s application for summary judgment had this to say: “These misrepresentations are denied in Mr Flynn’s affidavit, but even if they were made on behalf of the plaintiff it is difficult to know how they could prejudice…

…There was no mischief or probability of mischief or prejudice ever arising from clerke acting for the opponent company.…

…Applying the above tests to the facts in the present case, I must be satised that real mischief or real prejudice are rightly anticipated.…

…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.…

…the authorities as they now stand Republic v Mongella s/o Ngui (1934) 1 EACE 152, Ngidipe Bui Kapriram & Another v R. (1939) 6 EACA 118 and AttorneyGeneral v Onyango Oludhe & Another, (1954) 21 EACE 238 – the question of prejudice…

…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…

…Whilst we would expect want counsel to specify the particular ground he relies on so as not to take the opponent by surprise we see no prejudice to the appellant in the superior court as the application was stated to be based…

…Thus, the question whether Plot No. 133 R Ongata Rongai was the same as Plot No. 133 B Ongata Rongai, though not formally framed, was properly determined by the trial court, and no prejudice or injustice was occasioned to…

…No prejudice or injustice had been suered by the appellants in the appeal by the procedural irregularity in the pleadings that occurred. Appeal dismissed. Citations 1.…

…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.…

…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.…

…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…

…If the plaintiff gets a notice of appeal now concerning the damages the tardy service of the notice on liability cannot prejudice him.…

…Similarly if the record of appeal is now lodged for the full appeal, the lack of an earlier record of appeal will not prejudice the appellant.…

…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…

…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…

…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…