Judgment[1997] KECA 140
Case law
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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 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.…