Judgment[1985] KEHC 6
Case law
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Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation or restriction thereto by any one or any manner as to the exercise of his discretion…
…In Mills v Cooper [1967] 2 All ER 100 at p 104 Lord Parker CJ said: “ every Court has undoubtedly a right in its discretion to decline to hear proceedings on the ground that they are oppressive and an abuse of the process…
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
…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.…