Judgment
Case law
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Division and case type: CivilCivil Appeal
…This was a matter within the discretion of the Judge and unless we feel that he had gone completely overboard, we would not substitute his discretion with ours even if we felt we could have reached a different decision.…
…his discretion in the appellant’s favour.…
Division and case type: Milimani Commercial CourtsCivil Suit
…That would require this court to enter into investigations and perhaps to exercise its discretion in order to make a finding. For that reason that ground will be rejected.…
Division and case type: Commercial and TaxCase number Winding Up Cause
…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…
Division and case type: CivilCivil Suit
…This to my mind is not a good enough reason to warrant exercising my discretion in his favour.…
Division and case type: CivilCivil Appeal
…Certainly the cases show that the discretion must be exercised sparingly. The evidence must all be on the record and the new point must not raise disputes of fact.…
Division and case type: CriminalCriminal Appeal
…Moving on the question of forfeiture, counsel for the appellants submitted that the order for forfeiture of 90 bags of maize was uncalled for, and the discretion of the Court in so making the order was injudiciously exercised…
Division and case type: CriminalCriminal Appeal
…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…