Judgment
Case law
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Division and case type: CivilCivil Appeal
…Mr Justice J S Patel had failed to exercise his discretion judicially. Mr Waweru in urging Nduhius’s appeal had no more to add than the failure to draw and file the reply was not Nduhiu’s fault.…
…Now Mr Justice J S Patel had a very wide discretion to exercise under the relevant order and rule and there were no limits and restrictions on the discretion of the learned judge except that if the judgment was varied it…
Division and case type: CivilCivil Suit
…The grounds on which the learned judge might, in his discretion, have set aside the award not emerge. In our judgment he was right to dismiss the application and this appeal should also be dismissed.…
Division and case type: CivilCivil Case
…This Court must exercise its discretion in a just, fair and equitable manner to save the future of the plaintiffs, and to safeguard their constitutional rights enshrined in the Constitution of Kenya.…
…This formulation based on Giella’s case must, therefore, be regarded at best as a terse reminder of a large body of law, and not as the prescription of how the discretion must be exercised.…
Division and case type: CivilCivil Appeal
…1980 un-reported) that “the Court goes by the principle that such an ex-parte judgment having been entered neither upon merits of the case nor by consent of the parties is subject to the Court’s power of revocation at its discretion…