Case law
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Division and case type: CivilCivil Case
…The applicants essentially beg this court to exercise its judicial discretion in their favour.…
…Mr Shah invited me to exercise my judicial discretion in their favour on that ground. The exercise of judicial discretion to set aside, or not to set aside is unlimited provided it is exercised judicially.…
Division and case type: CivilCivil Case
…The application concerned the exercise of judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Rules even though these provisions were not shown in the chamber summons application. 2.…
…This application thus concerns the exercise of my judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Code even though the same order and rules were not shown in the chamber summons filed by the applicant…
Division and case type: CivilCivil Appeal
…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…
Division and case type: CivilCivil Appeal
…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…
Division and case type: CriminalCriminal Appeal
…The Court must have judicial discretion to allow a change of plea before it has finally disposed of the case.…
Division and case type: CivilCivil Appeal
…There are eight grounds of appeal, but the gravamen of the matter is that the learned Judge in the court below did not properly exercise his judicial discretion in the application and, consequently, arrived at a wrong decision…
…It is also trite that this court will not interfere with the exercise of judicial discretion in such cases unless the exercise was on wrong principle or the Judge acted perversely.…
Division and case type: CivilCase number Civil Application
…Though the discretion is unfettered, like all judicial discretion, it must be exercised on reason, not caprice, and the exercise must not be arbitrary or oppressive.…
Division and case type: CivilCivil Case
…The approval of the court was nothing but exercise of judicial discretion in the matter.…
Division and case type: CivilCivil Appeal
…Considering the sentiments expressed by the Judge, it is impossible to eliminate completely the probability that his personal feelings in relation to those principles may have clouded the exercise by him of his judicial discretion…
Division and case type: CivilCivil Appeal
…In any event, the grant of such an amendment is a matter of a judicial discretion not lightly to be interfered with.…
Division and case type: CivilCivil Appeal
…He was of the view that that Judge had improperly exercised his judicial discretion in the matter with the result that the leave he had granted was inconsequential.…
…So to the extent that the trial Judge held that a Judge who hears an application under S.28, above, exercises judicial discretion, I am respectfully unable to share the same view.…
Division and case type: CivilCivil Appeal
…Georgiadis argued that assessment of an award is a matter of judicial discretion which should not be interfered with unless it is wrong in principle.…
…And within that range, what is fair and reasonable to award in each individual case, is a matter for judicial discretion.…
Division and case type: CivilCivil Appli
…There is no evidence of substantial loss in this application.Decision under 0.41 r.4 of Civil Procedure Rules isdiscretionary and as in acts of judicial discretion must beexercised in accordance with sound judicial principles…
Division and case type: CivilCivil Appeal
…BETWEEN PITHON WAWERU MAINA.........................................APPELLANT AND THUKU MUGIRIA....................................................RESPONDENT JUDGMENT This is another case concerning the exercise of the judicial…
…discretion under order IXA, rules 10 and 11 and under order IXB rule 8 (which are in the same terms) of the Civil Procedure (Revised) Rules 1948, to set aside an ex parte judgment obtained in the absence of an appearance…
Division and case type: CivilCivil Appeal
…It is now trite law that granting or withholding an injunction, whether permanent or temporary, involves the exercise of judicial discretion which, although is wide, is exercised only on settled principles and “not according…