“"discretion"” — court decisions

Judgment[1997] KECA 26314 October 1997

Kenya Cement Marketing Limited v James G.K. Njoroge t/a Baraka Tools and Hardware

Court of Appeal at Nairobijudge should excused Mr,judge Mr,JUDGE APPEAL,Justice,James,Wamalwa,Wamalwa Mr,Ibrahim,Ibrahim asking MrCase number Civil Appeal 75 of 1997

Division and case type: CivilCivil Appeal

…We are of course aware that we ought not to interfere with the exercise of discretion by a judge or substitute our own discretion instead.…

…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…

appeal is hereby allowedAllowed12 min read

Judgment[1995] KECA 3119 September 1995

Joseph ochieng & 2 others Trading as Aquiline Agencies v First National Bank of Chicago

Court of Appeal at NairobiRauf,JUDGE APPEAL,Justice,Lakha,Dhanji,RegeruCase number Civil Appeal 149 of 1991

Division and case type: CivilCivil Appeal

…The point for decision in this appeal is whether the learned judge was right in refusing to exercise his discretion to allow the amendments sought.…

…I also agree with what Lord Griffths said in the Ketteman Case (supra) at page 62: "Whether an amendment should be granted is a matter for the discretion of the trial judge and he should be guided in the exercise of the discretion…

Judgment[1994] KECA 938 November 1994

Ngororo v Ndutha & another

Court of Appeal at NairobiJustice,JUDGE APPEALCase number Civil Appeal 55 of 1986

Division and case type: CivilCivil Appeal

…In our view the Chief Justice did not err in the exercise of his discretion in granting the application for review. We dismiss the appeal but make no order as to costs.…

7 min read