“"discretion"” — court decisions

Judgment[1994] KECA 5816 November 1994

Fredrick G K Waithaka v Thuo Kamau & another

Court of Appeal at NairobiMbito,JUDGE APPEAL

Division and case type: GeneralUnclassified

…Thus, there is conferred upon the court unlimited discretion to extend time subject only to the requirement of justice. I will now attempt to apply this principle so far as this case is concerned.…

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Judgment[1992] KEHC 2717 December 1992

PAUL JOSEPH NGEI v OFFICIAL RECEIVER

High Court at NairobiMbito,Miss Abincha for applicant,Nil for Respondent,Mwai,GacheguCase number Bankruptcy Cause 14 of 1988

Division and case type: Commercial and TaxInsolvency Cause

…Basically, Mr Ole Keiwua’s argument is that the judge exercised his discretion properly in refusing to adjourn any more.…

…In this appeal, we have adopted a broad approach in the exercise of the unfettered discretion.…