Case law
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Division and case type: High Court CivilCivil Appeal
…Whether the application has been brought without undue delay. 7.…
…The application has been made without undue delay . c. Such Security for due performance of the decree as the court may deem fit to order . 13.…
Division and case type: High Court FamilyFamily Appeal
…It was contended that the application was filed without undue delay and that it would be fair and just for the orders of stay to issue. 6. The respondent didn’t file written submissions.…
…That the application was filed without undue delay; and c. Give security for the due performance of any orders that may ultimately be binding upon them. 9. I have seen the memorandum of appeal.…
Division and case type: High Court FamilyFamily P&A Intestate
…In the said affidavit, she contended that the application was filed after an undue delay of 6 months.…
…On whether the application was filed without undue delay, it was urged that there was a delay in obtaining the proceedings and that the application was, in the circumstances of the case, filed without undue delay. 10.…
Division and case type: CHR and JRJudicial Review
…Undue delay (see Caswell v Dairy Produce Quota Tribunal for England and Wales [1990] 2 AC 738, [1990] 2 All ER 434, HL.), unreasonable or unmeritorious conduct (R v Crown Court at Knightsbridge, ex p Marcrest Ltd [1983] 1…
…It has been held that wherever there is a failure to act promptly in such circumstances there is 'undue delay'.…
Division and case type: High Court Commercial and TaxCommercial Matters
…For an applicant to succeed in such an application, he must demonstrate that he will suffer substantial loss if the application is not allowed; that he made the application without undue delay and lastly that he has given…
…The 3rd and the last ground is whether the application was filed without undue delay. The ruling being appealed was delivered on 28-07-2023 and this application was filed on 21-09-2023.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Counsel submitted that the application was filed without undue delay and that the court should exercise its discretion favorably 6. Ms. Mulongo opposed the application.…
…That the application was filed without undue delay; and c. Provided security for the due performance of the decree that may ultimately be binding. 9. These conditions are conjunctive, in a manner of seeking.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Undue delay – As to whether the application has been filed without undue delay, judgment was entered on 28th July 2023 while the application for stay of execution was made on 11th September 2023 which is slightly over a month…
…This court thus finds that this application for stay of execution has been filed without undue delay.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The appellant asserts that the application was filed without undue delay, as it was brought immediately after receiving the certified ruling and proceedings. 5.…
…The delay should be explained to the satisfaction of the court; e) Whether there will be any prejudice suffered by the respondent if the extension is granted; f) Whether the application has been brought without undue delay…
Division and case type: High Court CivilCivil Appeal
…It was urged that the application was filed without undue delay.…
…The application was filed without undue delay, as it was filed within 14 days.…
Division and case type: High Court CivilCivil Appeal
…The same include proof of substantial loss by the applicant if stay is not granted, provision of security for the due performance of the decree together with a demonstration that the application is made without undue delay…
…In the present case the application was made without undue delay as the judgment was delivered on the 5/5/26 and the application filed on the 5/6/26 which is exactly one month thereafter.…
Division and case type: High Court CivilCivil Appeal
…The application was filed with undue delay; and iii. Provide security for the due performance of the order or decree that may ultimately be binding. 6. Has the applicant satisfied the above test?…
…Whereas it is true that the application was filed without undue delay, it would appear to me that the Applicant hasn't shown what substantial loss he would suffer unless the stay orders was granted.…
Division and case type: High Court CivilCivil Case Miscellaneous
…good faith and will not occasion any prejudice to the Respondent. i) That the Respondents will not be prejudiced in any way if the application is allowed. j) That the Application has been brought without unreasonable or undue…
…delay. k) That this Honorable Court be pleased to issue any other order and/or direction it deem fit to grant in the circumstances. l) That the costs of this Application be borne by the Respondents. 2.…
Division and case type: High Court CivilCivil Appeal
…The application has been made without undue delay . c. Such Security for due performance of the decree as the court may deem fit to order . 6.…
…On whether the applicant has been made without undue delay. The judgment was delivered on 6.11.24 and the application was filed on 6.2.25 which is a difference of about 60 days .…
Division and case type: High Court FamilyFamily Originating Summons
…It was contended that the application was filed without undue delay.…
…The application was filed without undue delay; iii. Give security for the due of the decree or of any order that may ultimately be binding. I will consider these conditions below.…
Division and case type: High Court CivilCivil Appeal
…The application was filed without undue delay; and c. Provide security for the due performance of the decree or order that may ultimately be binding.…
…In my view, the application was filed without undue delay. The appellant has offered to abide by any conditions this court may give when granting the orders sought.…
Division and case type: High Court DivCivil Case Miscellaneous
…delay. k) The application herein also seeks a stay of execution against the honourable trial court’s judgment of 12th May 2024, pending the hearing and determination of the application and the intended appeal. l) That the…
…Whether the application has been brought without undue delay; and 7. Whether in certain cases, like election petitions, public interest should be a consideration for extending time.” 9.…
Division and case type: High Court DivCivil Case Miscellaneous
…On the question of undue delay, he submitted that the application is an afterthought and was brought with undue delay. The court ought not to exercise discretion in the applicant’s favour.…
…She identified two issues: whether the appeal has any prospect of success and whether the application was brought after undue delay. She answered that the appeal has no prospect of success.…
Division and case type: High Court DivCivil Appeal
…The Appellant/Applicants have to come to court within a reasonable period of time and without undue delay. The application will not occasion any prejudice to the Appellant/Applicant.…
…That the Appellant/Applicants have to come to court within a reasonable period of time and without undue delay. That the application will not occasion any prejudice to the Appellant/Applicant.…
Division and case type: High Court DivCivil Case Miscellaneous
…delay. l) The application herein also seeks a stay of execution against the honourable trial court’s judgment of 12th May 2024, pending the hearing and determination of the application and the intended appeal. m) That the…
…Whether the application has been brought without undue delay; and 7. Whether in certain cases, like election petitions, public interest should be a consideration for extending time.” 9.…
Division and case type: High Court FamilyFamily P&A Intestate
…Mr Onduso submitted that the appeal was filed without undue delay.…
…delay; and iii If, especially in money decrees, security for the due performance of any decree that may ultimately be binding has been provided or offered by the appellants/applicants. 13.…