Search court decisions

…Now that the discretion is a free one the only question is whether, on the facts of this case, that discretion should be exercised in favour of the applicant.…

…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…

…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.…

…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…

…Counsel pointed out that after the delivery of the judgment the subjectmatter of this appeal, the rules were amended in January1983, that no application was made to the trial judge for the exercise of his discretion, no leave…

…Furthermore, if the petitioner does not duly advertise the petition in the manner prescribed by rule 23, a judge or the registrar has discretion to direct otherwise.…

…The court has a wide discretion as to how this should be done but the onus to do so must be on the party who puts forward the customary law.…

…The judge also thought that the principle of Islamic law involved was one over which the court had no discretion.…

…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.…