Search court decisions

…It is quite clear that the earlier decision on bail must be taken as a starting point, and any discretion exercised to grant bail must be based on the new matter presented before the court. 2.…

…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…

…Moreover, according to him, having considered all the circumstances of the matter before him, he was unable to find any special circumstances or proper basis upon which he could have exercised his discretion in favour of…

…Opiyo for the respondent was that the single judge of this Court found no basis upon which to exercise his discretion in favour of the applicant.…

…Moreover, according to him, having considered all the circumstances of the matter before him, he was unable to find any special circumstances or proper basis upon which he could have exercised his discretion in favour of…

…Opiyo for the respondent was that the single judge of this Court found no basis upon which to exercise his discretion in favour of the applicant.…

…As the appellant had clearly explained how he acquired and assembled the parts of his vehicle, this was a matter which at best could have been left to the discretion of the Registrar of Motor Vehicles asto how best he could…

…I would vary the order made by the learned trial magistrate concerning the 1st registration of the appellant’s vehicle and instead, leave it to his discretion to see how best he could register separately the two vehicles…

…In exercise of my discretion therefore, I allow this application and extend the time for lodging a notice of appeal to Tuesday 30th April, 1996, and for filing the appeal by 10 days from the date of filing the notice of appeal…

…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.…

…We think that the use of such strong language while trying to exercise a judicial discretion in a proper way is unwise, whilst applauding the thoughts which prompted that language.…

…The appellate court will not ordinarily interfere with the discretion exercised by the lower court unless it is evident that the lower court has acted upon some wrong principle or overlooked some material factor, or the sentence…

…I see no justification in interfering with the learned trial’s discretion in awarding that sentence. In view of the above, I order that this appeal be and is hereby dismissed in its entirety. Order accordingly.…

…had convicted the appellant and was in the process of sentencing him and thereby declined to direct that the sentences imposed by him be served concurrently with those of the previous case and rendered the exercise of his discretion…

…in this appeal that failure to do so has embarrassed him and occasioned to him a miscarriage of justice as it had the effect of depriving him of the possibility of the trial court exercising in his favour the sentencing discretion…

…However as was said in the case of R v Mohamed Ali Jamal [1948] 15 EACE 126: “An appellate court should not interfere with the discretion exercised by a trial judge or a magistrate to sentence except in such cases, where…

…As usual, however, this court will not interfere with the discretion of a trial judge in the matter of sentence unless it appears that in assessing it he acted on some wrong principle or did not act on some correct one or…

…First, the trial magistrate failed to use his judicial discretion and in doing so he denied in returning the suit motor vehicle to the applicant pending the hearing and determination of the trial in the Chief Magistrate’s…

…If no notice is given the judge would have a discretion whether or not to admit the evidence. Such a decision is only persuasive here in Kenya, but it is interesting to see the approach taken.…

…The appellate court will not ordinarily interfere with the discretion exercised by the lower court unless it is evident that the lower court has acted upon some wrong principle or overlooked some material factor, or the sentence…

…We are of the view that although the Act leaves a discretion in the Magistrate in such matters, in view of what we have said, we take the view that the discretion ought to be exercised in order to demonstrate that justice…

…extract a confession by unfair methods that court may properly criticize the conduct of such police officer; and may where the court is of the view that the voluntary nature of the confession is tainted thereby exercise its discretion…

…extract a confession by unfair methods that court may properly criticize the conduct of such police officer; and may where the court is of the view that the voluntary nature of the confession is tainted thereby exercise its discretion…

…He stressed that the word “shall” as is used in those sections meant a command to the committing magistrate to comply and that the question of exercising discretion did not arise.…