“"discretionary power"” — court decisions

Judgment[2003] KEHC 495

Judgment[1986] KECA 3527 October 1986

James Nduhiu Macharia v Mwotia Macharia

Court of Appeal at NyeriTodd High,Cockar Nyeri,Cockar August,TODD,Todd led Nduhiu,JS Patel,Cockar,JUDGE APPEALCase number Civil Appeal 105 of 1985

Division and case type: CivilCivil Appeal

…And, because it is a discretionary power it should be exercised judicially, or in the Scots phrase, used by Lord Ainlie in Smith v Middleton, 1972 SC 30 - “…….…

appeal is allowedAllowed12 min read

Judgment[1985] KECA 365 March 1985

Kenya Cargo Handling Services Limited v David Ugwwang

Court of Appeal at MalindiBhandari,JUDGE APPEALCase number Civil Appeal 64 of 1984

Division and case type: CivilCivil Appeal

…The court has a discretionary power to override the time limit. Section 2D. All this has to almost the same extent been repeated in the Limitation of Actions Act here in Kenya but with these differences.…

22 min read

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…And, because it is a discretionary power it should be exercised judicially, or in the Scots phrase, used by Lord Ainslie in Smith v Middleton [1972] SC 30: “... in a selective and discriminatory manner, not arbitrarily or…

application is dismissedDismissed28 min read

Judgment[1994] KECA 847 March 1994

Rockland Kenya Limited v Elliot White Miller

Court of Appeal at Nairobijudge Chief State,judge indicated John,Farquharson,JUDGE APPEALCase number Civil Appeal 60 of 1993

Division and case type: CivilCivil Appeal

…Nonetheless, the Court must in the exercise of its discretionary power in this regard be satisfied that the claim in respect of which an interlocutory injunction is sought is neither frivolous nor vexatious: in other words…

…application such as was before the trial judge to try to resolve conflicts of evidence on affidavits as to facts on which the claims of either party may ultimately depend, the Court must nevertheless in the exercise of its discretionary…

appeal failsDismissed67 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

…This is a discretionary power of the court and whilst it may be of great value and assistance to the court in cases dealing with customary law, yet this does not cast the burden of proof in establishing the customary law…

appeal allowedAllowed67 min read

Search court decisions

DIETRICH BOELLING v GEORGE KAROLYI

James Nduhiu Macharia v Mwotia Macharia

Kenya Cargo Handling Services Limited v David Ugwwang

Pithoni Waweru Maina v Thuka Mugiria

Rockland Kenya Limited v Elliot White Miller

Kaittany & another v Wamaitha