Case law
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Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…
…He accordingly exercised his discretion under section 3A in the Civil Procedure Act.…
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: 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: CivilCivil Appeal
…rehabilitation of offenders, which involves finding employment for them, it is unfortunate that there are two major misconceptions, which destroy any legal basis for the liberal approach, and leave it merely as a matter of policy or discretion…
…There is an area of discretion on each side of the line. If dismissal were imposed in cases of conviction, regulation 25 could come that much nearer to section 9(1) of the Act, (cap 64).…
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 Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…Dealing with counts of conspiracy raises problems which require discretion and complete understanding of the case in hand.…
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: CivilCivil Appeal
…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.…