“"discretionary power"” — court decisions

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…And, because it is a discretionary power it should be exercised judicially, or in the Scots phrase, used by Lord Ainslie in Smith v Middleton [1972] SC 30: “... in a selective and discriminatory manner, not arbitrarily or…

application is dismissedDismissed28 min read

Judgment[1994] KECA 847 March 1994

Rockland Kenya Limited v Elliot White Miller

Court of Appeal at Nairobijudge Chief State,judge indicated John,Farquharson,JUDGE APPEALCase number Civil Appeal 60 of 1993

Division and case type: CivilCivil Appeal

…Nonetheless, the Court must in the exercise of its discretionary power in this regard be satisfied that the claim in respect of which an interlocutory injunction is sought is neither frivolous nor vexatious: in other words…

…application such as was before the trial judge to try to resolve conflicts of evidence on affidavits as to facts on which the claims of either party may ultimately depend, the Court must nevertheless in the exercise of its discretionary…

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,