“"discretionary power"” — court decisions

Judgment[1983] KECA 75

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

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Pithoni Waweru Maina v Thuka Mugiria

Rockland Kenya Limited v Elliot White Miller

Kaittany & another v Wamaitha