Case law
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Division and case type: GeneralUnclassified
…To turn now to the question of sentence, we recognize that the issue of sentencing is the trial court’s discretion.…
…“An appellate court should not interfere with the discretion exercised by a trial Judge in matters of sentence unless it is evident that he has acted upon some wrong principle or overlooked some material factor” R v Mohamendali…
Division and case type: Commercial and TaxInsolvency Cause
…Basically, Mr Ole Keiwua’s argument is that the judge exercised his discretion properly in refusing to adjourn any more.…
…In this appeal, we have adopted a broad approach in the exercise of the unfettered discretion.…
Division and case type: CivilCivil Case
…All the text books and leading authorities agree that a Court has discretion to grant an interlocutory restraining injunction restraining further publication of a libel where the defendant continues to publish the libelous…
Division and case type: CivilCivil Appeal
…, in a way which offends or injures thousands of Her Majesty’s subjects, then any one of those offended or injured can draw it to the attention of the courts of law and seek to have the law enforced, and courts in their discretion…
Division and case type: CivilCivil Case
…The discretion is quite wide. A careful reading of the rule reveals that the Court needs to consider each case on the basis of its peculiar facts.…
Division and case type: CivilCivil Case
…The discretion is quite wide. A careful reading of the rule reveals that the Court needs to consider each case on the basis of its peculiar facts.…
Division and case type: CivilCivil Case
…also held that by reading order 8 and order 35 together the existence of a set-off or counter claim is sufficient to entitle a party to defend within the meaning of order 35 rule 2, but (per Duffus, JA), the Court has a discretion…
Division and case type: CivilCivil Case
…The clause states, inter alia that the advance would be secured by a legal charge which would be prepared by the Society’s advocates embracing such terms and conditions “as the society in its absolute discretion shall think…
Division and case type: CriminalMiscellaneous Criminal Application
…He stressed that the word “shall” as is used in those sections meant a command to the committing magistrate to comply and that the question of exercising discretion did not arise.…