Judgment[2020] KEHC 606
Case law
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Division and case type: CivilMiscellaneous Civil Application
…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…
…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…
Division and case type: CivilCivil Case
…I am aware that under order 9A rule 10 and order 9B rule 8 the Court’s discretion to set aside a judgment entered ex parte is wide and unfettered but all the same that discretion must be exercised according to law in conformity…
…The principles upon which the Court exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The healthy principle from the stated point of challenging the discretion of the prerogative of mercy as subject for judicial review is as stated by H. W. R. Wade & C. F.…
…unlawful action as a matter of right and to live under the rule of Law, not the rule of discretion.…
Division and case type: CivilCivil Suit
…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…
Division and case type: Environment and LandCivil Appeal
…The High Court shall have power in its discretion by order to enlarge the time xed by sub paragraph (1) or sub paragraph (2) for the taxing of any step; application for such an order may be made by Chamber Summons upon giving…
Division and case type: CriminalCriminal Appeal
…Moving on the question of forfeiture, counsel for the appellants submitted that the order for forfeiture of 90 bags of maize was uncalled for, and the discretion of the Court in so making the order was injudiciously exercised…
Division and case type: Constitutional and Human RightsElection Petition
…consider: did the Appellant provide a sufficient basis for the trial Court to make orders of Scrutiny and Recount "did the denial of an order for Scrutiny compromise the Appellant's case" should this case interfere with the discretion…
…(xi) THAT whereas this Honourable Court has discretion to allow the filing of further affidavits and admit new or additional evidence pursuant to Rule 15 (1) (h) of the Elections (Parliamentary and County Elections) Petitions…
Division and case type: Constitutional and Human RightsElection Petition
…consider: did the Appellant provide a sufficient basis for the trial Court to make orders of Scrutiny and Recount "did the denial of an order for Scrutiny compromise the Appellant's case" should this case interfere with the discretion…
…(xi) THAT whereas this Honourable Court has discretion to allow the filing of further affidavits and admit new or additional evidence pursuant to Rule 15 (1) (h) of the Elections (Parliamentary and County Elections) Petitions…