Judgment[2003] KECA 78
Case law
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Division and case type: CivilCase number Civil Application
…An application under Rule 4 of the Rules seeks this Court’s exercise of its unfettered discretion. In SAMKEN LIMITED, ABERCROMBIE & KENT LIMITED VS.…
…Though the discretion is unfettered, like all judicial discretion, it must be exercised on reason, not caprice, and the exercise must not be arbitrary or oppressive.…
Division and case type: CivilCivil Suit
…However I must exercise my discretion judicially. Sufficient reason or cause must be shown.…
…I refuse to exercise my discretion in favour of the defendant. Consequently, the chamber summons dated 10th September, 2003 is ordered dismissed with costs to the plaintiff for there is no good cause shown on record.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilMiscellaneous Application
…It cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.…