“"discretion"” — court decisions

Judgment[1994] KECA 5816 November 1994

Fredrick G K Waithaka v Thuo Kamau & another

Judgment[1994] KECA 8319 September 1994

Lali S. Lali & 3 others v Stephen M. Wachira & 2 others

Court of Appeal at NairobiOwuor,Effie Owuor,JUDGE APPEALCase number Civil Appeal 132 of 1993

Division and case type: CivilCivil Appeal

…To Mr Lakha therefore, the superior court in exercise of its discretion properly found that the matters raised in the appellants’ Originating Summons could not be appropriately dealt with by an ad hoc determination.…

…There is no discretion in the matter and whether or not the issues involved in such an application are intricate, there is no choice in the matter.…

13 min read

Judgment[1994] KEHC 10828 June 1994

Antony Kahihu Kabage v Republic

High Court at NyeriCase number Criminal Appeal 282 of 1992

Division and case type: CriminalCriminal Appeal

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

4 min read

Judgment[1994] KECA 6415 September 1994

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCivil Appeal No. 79 of 1985

Division and case type: CivilCivil Appeal

…So if not for any other reason, I would have dismissed this application because I am not at all satisfied that applicant has been diligent enough to be entitled to my unfettered discretion to extend the time for lodging the…

5 min read

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

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…the signature of the principal himself, 2. where the competency to do the act arises by virtue of the holding of some public oce or by virtue of some powers, authority, or duty of a personal nature and requiring skill or discretion…

…The plainti applied for judgment: “Held: A party could not do by an attorney an act which he was only competent to do by virtue of some duty of a personal nature requiring skill or discretion for the exercise…..…

76 min read

Judgment[1994] KECA 847 March 1994

Rockland Kenya Limited v Elliot White Miller

Court of Appeal at Nairobijudge Chief State,judge indicated John,Farquharson,JUDGE APPEALCase number Civil Appeal 60 of 1993

Division and case type: CivilCivil Appeal

…had expired in 1983, Stones Ltd had no beneficial interest in the area covered by that License which it could claim as having been improperly diverted to Rockland Kenya Ltd, and that since the Commissioner had unfettered discretion…

…It is now trite law that granting or withholding an injunction, whether permanent or temporary, involves the exercise of judicial discretion which, although is wide, is exercised only on settled principles and “not according…

appeal failsDismissed67 min read

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

Division and case type: CivilCivil Appeal

…There is no specific ground of appeal against this but we allowed Mr Ngatia to address us on the matter as we felt that the judge had wrongly exercised his discretion by ordering the appellants to pay the Mayor’s costs.…

appeal failsDismissed62 min read