Imperial Surgical Company v [1st, 2nd and 3rd Defendants]
Partially AllowedIf a seller takes your money but fails to deliver, you can recover the full purchase price, provided you prove the contract and the breach.
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9,300 results for “3rd Defendant”
If a seller takes your money but fails to deliver, you can recover the full purchase price, provided you prove the contract and the breach.
Arbitration clauses do not automatically stop Kenyan courts; failure to formally invoke arbitration means the court has jurisdiction.
A Kenyan court refused to strike out a woman who claimed she never agreed to be a company director, because official company records still l
If a party dies during a lawsuit, their estate must apply to take over the case within one year, or the suit will automatically end.
Missing court deadlines doesn't always mean losing; you can still get a chance to defend yourself if you raise a strong legal issue and meet
Missing a court ruling or failing to appear is not a valid reason to ask a judge to overturn a decision years later.
Missing a court deadline doesn't always mean losing; the High Court of Kenya can set aside default judgments if justice requires it.
To win a defamation or confidentiality suit, you must clearly identify the specific words or documents that were leaked.
Missing a court deadline doesn't always mean losing; courts can grant extensions if you have a valid reason and substantial loss.
A director's sworn statement of authority is sufficient to start a lawsuit; a formal board resolution is not legally required.
Even if your lawsuit is dismissed for delay, the court can reinstate it if the delay wasn't solely your fault and you act quickly.
A court can reinstate a dismissed case, but only if you pay the required costs and prove you are ready to proceed immediately.
In traffic accident claims, you must prove the defendant caused your injury and that the damages you claim are supported by clear evidence.
If your lawsuit's core claim survives the death of a party, the case can continue without complex substitution procedures.
Blaming your lawyers is not a valid excuse to ask the court for an extension on legal deadlines.
If you can plausibly explain why you missed a deadline, the High Court of Kenya may grant you extra time to file your appeal.
If legal papers are served on the wrong person at a company, the court can set aside the judgment and restart the case.
Courts will not allow unrelated private contractual disputes to be joined into a bank's enforcement action.
A Migori court added a third party to a land dispute because resolving it required everyone claiming the same parcel to be in one case.
If the underlying reason for a lawsuit disappears, the court can strike you out of the proceedings.
Delays are serious, but a court may set aside a default judgment if the opposing party has also been slow, prioritizing justice.
Courts won't automatically dismiss a case due to delay if both parties contributed, but strict deadlines must now be met.
Defamation claims can secure immediate court orders to stop harmful media publications before a full trial concludes.
Statutory time limits for lawsuits are strict; general excuses like illness or financial hardship do not automatically extend the deadline.