Judgment[1985] KECA 116
Case law
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Division and case type: CivilMiscellaneous Application
…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…
…It is a matter for this court’s discretion according to the rule. It is exercised judicially and not in whimsical or arbitrary fashion.…
Division and case type: CivilMiscellaneous Application
…Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give the court a discretion…