REGISTRED TRUSTEES OF THE HEALING MINISTRY OF AGAPE INTERNATIONAL (HEMA INTERNATIONAL) v. BENNY MWANG'ONDA & 2 OTHERS, CIVIL APPLICATION NO. 620/17 OF 2021

Abstract

Held: (i) The phrase good cause has not been defined by any written law as it cannot apply identically in all circumstances to create a legal principle and issue (ii) Judicial discretion in determining good cause should be exercised flexibly, guided by established tests but ultimately dictated by the facts and justice of each case to ensure a just and equitable decision. (iii) Aside from the justification for the delay, the Court has to consider whether the application prima facie raises some genuine questions worthy of being considered in the intended action.