Case law
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Division and case type: CivilCivil Case
…pertinent to this application are that some new and important matter or evidence which could not with diligence have been discovered, have been discovered, after the order sought to the reviewed was made, or for any other sufficient…
…cause.…
Division and case type: CivilCivil Case
…Do these facts constitute or show that the applicant was prevented by a sufficient cause from continuing the suit?…
…The subsequent application for and procumbent of the Grant of Letters did not explain, nor did it prove that there was any sufficient cause from continuing the suit.…
Division and case type: CivilCivil Appeal
…In order to succeed Mr Kamau has to bring himself within rule s4 by showing sufficient cause to explain why the required steps were not taken timeously.…
…That is not sufficient cause. We are therefore unable to accede to his request. The appeal is ordered to be struck out as incompetent, with costs to the respondent. Order accordingly.…
Division and case type: Environment and LandLand Case
…Basically, the respondent argues that the application is fatally defective for inordinate delay and no sufficient cause has been shown by the applicant to justify grant of the reliefs applied for in the motion.…
…That there is sufficient cause for the grant of the order for stay of execution of the decree or order. (2). That the application has been made without unreasonable delay. (3).…
Division and case type: GeneralCase
…WAINAINA (NO 3) [1982] KLR 33, LAW, J.A held that – “An advocate’s bona fide mistake, but not inordinate delay on the advocate’s part, may amount to sufficient cause …… The only delay was due to the advocate’s bona fide but…
…This case was decided under the old regime when a party was required to show sufficient cause so as to obtain an extension, which is no longer the case, but the principle set out remains valid, namely that a bona fide mistake…
Division and case type: Environment and LandLand Case
…Basically, the respondent argues that the application is fatally defective for inordinate delay and no sufficient cause has been shown by the applicant to justify grant of the reliefs applied for in the motion.…
…That there is sufficient cause for the grant of the order for stay of execution of the decree or order. (2). That the application has been made without unreasonable delay. (3).…
Division and case type: Environment and LandCase
…Basically, the respondent argues that the application is fatally defective for inordinate delay and no sufficient cause has been shown by the applicant to justify grant of the reliefs applied for in the motion.…
…That there is sufficient cause for the grant of the order for stay of execution of the decree or order. (2). That the application has been made without unreasonable delay. (3).…
Division and case type: CivilMiscellaneous Civil Application
…Basically, the respondent argues that the application is fatally defective for inordinate delay and no sufficient cause has been shown by the applicant to justify grant of the reliefs applied for in the motion.…
…That there is sufficient cause for the grant of the order for stay of execution of the decree or order. (2). That the application has been made without unreasonable delay. (3).…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Basically, the respondent argues that the application is fatally defective for inordinate delay and no sufficient cause has been shown by the applicant to justify grant of the reliefs applied for in the motion.…
…That there is sufficient cause for the grant of the order for stay of execution of the decree or order. (2). That the application has been made without unreasonable delay. (3).…
Division and case type: CivilCivil Suit
…of order XX rule 11 (2) reads: “After the passing of any such decree, the court may on the application of the judgement debtor and with the consent of the decree -holder or without the consent of the decree -holder for sufficient…
…cause shown order that the payment of the amount decreed be postponed or be made by instalments on such terms as the payment of interest, the attachment o f the property of the judgment debtor or taking of security from…
Division and case type: Milimani Commercial CourtsCivil Case
…Barring a sufficient cause being shown by the plaintiff, the plaintiff will not be granted an adjournment at such a hearing and if indeed granted the court will be at liberty to consider discharging the injunction hereof.…
Division and case type: CivilCivil Suit
…Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme Court, the mistake of a legal adviser could amount to sufficient…
…cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…
Division and case type: CivilCivil Case
…Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme Court, the mistake of a legal adviser could amount to sufficient…
…cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…
Division and case type: CivilCivil Case
…This means that even though the initial application was not opposed,the subsequent order that was issued can still be varied or setaside if sufficient cause is shown by the party so affected.…
Division and case type: CivilCivil Suit
…inter alia:- "a.There has been discovery of new and important matters which after exercise of due diligence was not within the plaintiff's knowledge. b.That there is a mistake apparent on the face of the record. c.There is sufficient…
…cause for seeking a review."…
Division and case type: CivilCivil Case
…Even if he has such powers when there was reasonable or sufficient cause there was none in this case. I find he was right in rejecting the applicant’s nomination papers he had no alternative.…
Division and case type: CivilORIGINATING SUMMONS
…Even if he has such powers when there was reasonable or sufficient cause there was none in this case. I find he was right in rejecting the applicant’s nomination papers he had no alternative.…
Division and case type: CivilCivil Appeal
…The old rule required the applicant for setting aside an ex parte judgment to satisfy the court that there was sufficient cause for nonappearance.…
…misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under order IX rule 20 ... the discretion of the court being perfectly free and the words ‘sufficient…
Division and case type: Milimani Commercial CourtsElection Petition
…Has there been shown sufficient cause for this court to recuse itself from hearing this Petition? The procedure for a party to ask a judge to recuse is well known.…
Division and case type: CriminalCriminal Appeal
…admits the truth of the charge his admission shall be recorded as nearly as possible in the words used by him, and the court shall convict him and pass sentence upon or make order against him, unless there appears to it sufficient…
…cause to the contrary.…