“"judicial discretion"” — court decisions

Judgment[2003] KECA 7810 December 2003

Charles Gitonga Gakuu & 2 others v Lee Eun Hee

Court of Appeal at NairobiAng,JUDGE APPEAL,Nyakeno,MuneneCase number Civil Application 318 of 2003

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.…

application is grantedAllowed5 min read

Judgment[1995] KECA 14213 August 1995

Daniel M. Njai v High View Farm Ltd & another

Court of Appeal at NairobiBhandari,judge stated Court,JUDGE APPEALCase number Civil Appeal 139 of 1989

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.…

appeal failsDismissed11 min read