Case law
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Division and case type: CivilCivil Appeal
…Even then a decision on setting aside an exparte judgment is entirely within the discretion of the presiding Court which discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that…
…There are no limits or restrictions of the judge’s discretion to set aside an ex-parte judgment except that if he does vary any judgment he does so on such terms as may be just.…
Division and case type: CriminalCriminal Appeal
…As the appellant had clearly explained how he acquired and assembled the parts of his vehicle, this was a matter which at best could have been left to the discretion of the Registrar of Motor Vehicles asto how best he could…
…I would vary the order made by the learned trial magistrate concerning the 1st registration of the appellant’s vehicle and instead, leave it to his discretion to see how best he could register separately the two vehicles…
Division and case type: CivilCivil Case
…The granting of an injunction is exercise of the Court’s discretion.…
…But as it is settled that the discretion has to be exercised within the ambit of the principles which were enunciated in the case of Giella v Casman Bown & Co Ltd [1973] EA 358.…
Division and case type: CivilCivil Appeal
…The award of damages is a matter within the discretion of the trial court.…
Division and case type: CivilCivil Appeal
…can never be a mathematical formula for the assessment of damages in these matters and the Courts have over the years recognized the position that assessment of such damages is essentially an exercise of the trial judge’s discretion…
Division and case type: CivilCivil Appeal
…The learned judge erred in law and failed to exercise his discretion in the appellant’s favour. 2. The learned judge erred in law in failing to consider the circumstances surrounding the delay in filing suit.…
…In ground one of the Memorandum of Appeal, the appellant complained that the learned judge erred in failing to exercise his discretion in the appellant’s favour.…
Division and case type: CivilCivil Case
…This Court must exercise its discretion in a just, fair and equitable manner to save the future of the plaintiffs, and to safeguard their constitutional rights enshrined in the Constitution of Kenya.…
…This formulation based on Giella’s case must, therefore, be regarded at best as a terse reminder of a large body of law, and not as the prescription of how the discretion must be exercised.…