“"discretion"” — court decisions

Judgment[1999] KECA 13924 October 1999

MACHARIA KARUGU I v CHEGE MACHARIA

Court of Appeal at NairobiGithinji,JUDGE APPEAL,Mwihia

Division and case type: GeneralUnclassified

…In these circumstances I have no alternative but to refuse to exercise my discretion. The application is dismissed with costs. Dated and delivered at Nairobi this 25th day of October, 1999. A.A. LAKHA .................…

application is dismissedDismissed1 min read

Judgment[1997] KECA 31110 June 1997

LUCY NYAMBURA RITHO & ANOTHER v PUBLIC TRUSTEE & ANOTHER

Court of Appeal at NairobiGithinji,JUDGE APPEAL,Amuga

Division and case type: GeneralUnclassified

…There is no material before me on which I can have my discretion to grant this application. The application was filed on 26th November, 1996 against a Ruling delivered on 25th March, 1996 about eight months later.…

application failsDismissed1 min read

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

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.…

appeal failsDismissed62 min read