Case law
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Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…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…
Division and case type: Anti-CorruptionPetition
…23.The Court is being invited to exercise its discretion to set aside or vacate its orders made on 2nd July, 2015. I am aware that the discretion to set aside and or vacate Court orders should be exercised judicially.…
…That discretion must be exercised upon reasons and must be exercised judiciously.…
Division and case type: Environment and LandLand Case
…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.…
Division and case type: Environment and LandCase
…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.…
Division and case type: Environment and LandLand Case
…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.…
Division and case type: Anti-CorruptionCivil Suit
…Whether or not to grant an injunction is in the discretion of the court. The discretion is a free one but must be judicially exercised. It must be based on commonsense and legal principles.…
Division and case type: Environment and LandLand Case
…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…
Division and case type: Environment and LandCivil Suit
…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…
Division and case type: Environment and LandCivil Appeal
…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…
Division and case type: Environment and LandMiscellaneous Application
…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 sucient discretion to be aware of the nature of the act.…
Division and case type: Environment and LandPetition
…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…