Case law
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Division and case type: CriminalCase number Criminal Application
…It is quite clear that the earlier decision on bail must be taken as a starting point, and any discretion exercised to grant bail must be based on the new matter presented before the court. 2.…
…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…
Division and case type: GeneralUnclassified
…In these circumstances I have no alternative but to refuse to exercise my discretion. The application is dismissed with costs. Dated and delivered at Nairobi this 25th day of October, 1999. A.A. LAKHA .................…
Division and case type: GeneralUnclassified
…There is no material before me on which I can have my discretion to grant this application. The application was filed on 26th November, 1996 against a Ruling delivered on 25th March, 1996 about eight months later.…
Division and case type: CriminalCriminal Case
…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 Appeal
…See Winn LJ in Brown Shipley & Co Ltd v Alicia Hosiery Ltd [1966] 1 Lloyd’s Rep 668, 669, Lord Denning MR held, however, that a court could, in its discretion, hold up payment due on the bill, but only in exceptional circumstances…
…The learned judge in the circumstances properly exercised his discretion in giving judgment for the plaintiff as prayed in the plaint There no merit in this appeal and I would dismiss it with costs.…
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.…