Search court decisions

…or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation or restriction thereto by any one or any manner as to the exercise of his discretion…

…In Mills v Cooper [1967] 2 All ER 100 at p 104 Lord Parker CJ said: “ every Court has undoubtedly a right in its discretion to decline to hear proceedings on the ground that they are oppressive and an abuse of the process…

…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.…

…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.…

…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.…

…This discretion has to be exercised judicially and the authorities which have been cited lay down the principles that have to be followed.…

…The trial court has a discretion on the nature and extent of the sentence to be imposed. The risk I referred to herein above does not exist in the present case.…

…Mr Malik claimed that I have a discretion in the matter which I should exercise in favour of upholding the Deed. With respect I do not think that I have any such discretion.…

…In any event, there exists no basis for the exercise of a discretion since I do not have sufficient facts before me to decide where K’s interest lies.…

…However, in exercise of his discretion to do justice in the matter, he decided that it would occasion a grave injustice to do so particularly in view of the fact that thousands of depositors would thereby be affected.…

…In my view, by reason of the plaintiff’s failure to comply with the order made by Mulwa, J. is undeserving of the courts discretion and this suit should to be dismissed with costs. It is so ordered.…

…for it was not copied to the respondent, I would say that, that by itself, if I had not found that there had been inordinate delay on the part of the applicants, would not have prevented me from exercising my unfettered discretion…

…Ochieng Oduol, Counsel for the Respondent's submissions that even if specifically pleaded as in this case (HCCC No. 1055 of 2000 and Counter-claim in HCCC No. 822 of 1996) interest being at the discretion of the court cannot…

…Finally, I deem it necessary to point out that although the Taxing Officers do have the discretion to either decrease or increase the instruction fees awardable in a Party and Party Bill of Costs, once he has exercised that…

…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.…

…That would require this court to enter into investigations and perhaps to exercise its discretion in order to make a finding. For that reason that ground will be rejected.…

…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…

…In the premises, I am satisfied that this is a fit and proper case for the exercise of judicial discretion in granting an injunction to the plaintiff.…

…Under rule 1(3) of order vii Civil Procedure Rules, the Superior Court however had a discretion – it had jurisdiction instead of striking out the plaint to make any other appropriate orders such as giving the plaintiffs another…

…On the other hand on the basis of the same court of appeal reasoning in the said cited case, and being alive to the discretion given to the court by order vii rule 1(3) Civil Procedure Rules and being alive to the call to…

…the Plaintiff/Respondent is bound by the terms of the said order and cannot purport to act contrary to the said terms of the Order. d) THAT the previous conduct of the Plaintiff/Respondent is such as to lead the Court’s discretion…

…The court has discretion either to allow or refuse to give its consent to such withdrawal.…

…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…

…The costs of all suits are in the discretion of the court which has the power to determine by whom and out of what property and to what extent such costs are to be paid provided that they shall follow the event unless the…

…In the exercise of my discretion I now award the costs of the suit to the defendant Nzambi against the plaintiffs Munini and Musangi. So, in the end, the suit of Munini and Musangi is dismissed with costs to Nzambi.…

…An infant between these ages is presumed to be incapable of committing crimes, but the presumption may be rebutted by proof that the infant possessed sucient discretion to be aware of the nature of the act.…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…