JudgmentPAKIN ALICIA MATATU SACCO VS NANCHANG FOREIGN ENGINEERING
Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…An appeal on quantum of damages awarded by a Court is an appeal inviting the appellate Court to interfere with the exercise of judicial discretion.…
…The appellant must as of necessity be able to persuade the judge that the Lower Court erred in the exercise of judicial discretion.…
Division and case type: High Court DivCivil Appeal
…The respondent’s argument is that Learned honorable magistrate in arriving at his position on both liability and quantum relied on the evidence on records and that there was no proper exercise of judicial discretion by the…
…The respondent thus contended that it was incumbent upon the appellant to demonstrate the improper exercise of judicial discretion by the learned Honorable magistrate.…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Equally important is the principle governing appellate interference with the exercise of judicial discretion.…
…The principles governing appellate interference with the exercise of judicial discretion are well settled.…
Division and case type: High Court CivilCivil Appeal
…In arriving at her decision, the learned Chief Magistrate exercised judicial discretion.…
…In the case of Mbogo and another v Shah [1968] EA 93 , the Court of Appeal for Eastern Africa stated as follows: “ …that this Court will not interfere with the exercise of judicial discretion by an inferior court unless it…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…ANALYSIS AND DETERMINATION The appeal invites the court to interfere with the exercise of a judicial discretion by the learned Honorable magistrate.…
…The court should not be inclined to interfere with exercise of judicial discretion just because if the appeal court would have heard the matter its exercise of discretion would have been different.…