Case law
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Division and case type: CivilCivil Appeal
…Whilst construing that section the learned Commissioner concluded that the discretion granted to a court under the said section 211 is tempered by words in sub-section 2 (b) thereof.…
…I have referred earlier to the wide discretion granted to a court under section 211 however that discretion is tempered by the words in sub-section 2 (b) namely that to wind up the company would unfairly prejudice that part…
Division and case type: CivilCivil Case
…The Judge’s discretion to grant judgment on admissions of facts under the Order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability…
Division and case type: CivilCivil Appeal
…had expired in 1983, Stones Ltd had no beneficial interest in the area covered by that License which it could claim as having been improperly diverted to Rockland Kenya Ltd, and that since the Commissioner had unfettered discretion…
…It is now trite law that granting or withholding an injunction, whether permanent or temporary, involves the exercise of judicial discretion which, although is wide, is exercised only on settled principles and “not according…
Division and case type: CivilCivil Appeal
…There is no specific ground of appeal against this but we allowed Mr Ngatia to address us on the matter as we felt that the judge had wrongly exercised his discretion by ordering the appellants to pay the Mayor’s costs.…