Case law
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Division and case type: GeneralUnclassified
…The court has a wide discretion in this matter.…
…But this discretion, howsoever wide it may be, is a discretion to be exercised judicially having regard to the particular circumstances of each case.…
Division and case type: CivilCivil Appeal
…This Court held that notwithstanding the trial judge’s wide discretion in the matter: “….it is impossible to ascertain the reasons which compelled the judge to award interest from the date of filing suit and this leads us…
…to the inevitable conclusion that the learned judge wrongly exercised his discretion” We have in the present appeal, an analogous situation where we cannot ascertain the reasons which compelled the learned judge, without…
Division and case type: GeneralUnclassified
…I have been addressed by both counsel as to why I should or should not exercise my discretion in favour of the applicant.…
…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Georgiadis argued that assessment of an award is a matter of judicial discretion which should not be interfered with unless it is wrong in principle.…
…Though the award of interest is at the discretion of the Court, Mr.. Geogiadis conceded to this ground straight away which saved Mr.. Inamdar submitting on it.…
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 oce 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…..…
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.…