Case law
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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: 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: 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: 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: CivilCivil Appeal
…section 211 is no less than sections 459 and 461 of the English Act when it comes to powers of a company court to enable it to join parties to a petition even when such parties are different entities so long as there is sufficient…
…cause for implanting such entities in a petition brought under section 211 of the Act.…