Search court decisions

…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.…

…Nyangau's persuasive skill to exercise my wide and unfettered discretion in favour of the applicant, who once he found out the true facts, moved this Court without undue delay.…

…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 .................…

…In view of the above, the Court in its discretion, hereby reduce the sentence to the period already served. The appeal succeeds to that extent. Accused should be released forthwith unless lawfully held.…

…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.…

…if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis upon which I can exercise my discretion…

…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…

…Thus, there is conferred upon the court unlimited discretion to extend time subject only to the requirement of justice. I will now attempt to apply this principle so far as this case is concerned.…

…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…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…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.…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…defence and that if the defence had had the opportunity to lead medical evidence, the defence would have demonstrated that there were no chances of the mental illness recurring and therefore that the court could exercise its discretion…

…It does not allow for discretion or foe room to impose a sentence if less than an imprisonment for seven years.…

…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…

…The trial magistrate used his discretion and this Court is not permitted to interfere with the acquittal of the 2nd accused.…

…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…

…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…