Search court decisions

…Under rule 4, above, the Court had the discretion to proceed to decide the suit, which it did. The Court having proceeded under that rule although it was not stated, the plaintiff had two options.…

…The applicant is not challenging the exercise of the Court’s discretion in refusing to grant an adjournment. In the foregoing circumstances I agree with Mr Kassim Shah that the application is incompetent.…

…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…

…That the plaint has not yet been served on the Defendant as provided by law and consequently the plaintiff can amend her plaint should she so wish at her sole discretion.…

…noted that the 3 grounds of objection made by Mr Ombaka in writing states the plaint has not been served on the Defendant as provided by law and consequently the Plaintiff can amend her plaint should she so wish at her sole discretion…

…That the plaint has not yet been served on the Defendant as provided by law and consequently the plaintiff can amend her plaint should she so wish at her sole discretion.…

…noted that the 3 grounds of objection made by Mr Ombaka in writing states the plaint has not been served on the Defendant as provided by law and consequently the Plaintiff can amend her plaint should she so wish at her sole discretion…

…The Court must have judicial discretion to allow a change of plea before it has finally disposed of the case.…

…The approval of the court was nothing but exercise of judicial discretion in the matter.…

…If no notice is given the judge would have a discretion whether or not to admit the evidence. Such a decision is only persuasive here in Kenya, but it is interesting to see the approach taken.…

…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…

…The conduct of the plaintiffs is also a relevant factor in the exercise of my discretion.…

…Lord Wilberforce in Calvin vs Carr (supra) said at letter C page 451: “That the court in exercise of its discretion when reviewing the domestic or statutory decision should take into account all the proceedings which led…

…For the respondents it was urged that an appellate court should be slow to interfere with the exercise of discretion in an interlocutory order in rst instance.…

…It was submitted it could not be said that the Judge’s exercise of discretion is plainly wrong. Mr.…

…We are of the view that although the Act leaves a discretion in the Magistrate in such matters, in view of what we have said, we take the view that the discretion ought to be exercised in order to demonstrate that justice…

…Mr Wasuna’s secondary submission is that even if there was proper service, there were sucient reasons why the ower courts should have exercised discretion in favour of the appellant.…