“"discretion"” — court decisions

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Court of Appeal at MalindiShields,judge High CourtCase number Civil Application 12 of 1991

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.…

Application dismissedDismissed8 min read

Judgment[1999] KECA 16516 December 1999

MOSES KIPNGETICH KURGAT v THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY

Court of Appeal at Vs The DisciplinaryJUDGE APPEAL,Moses Kipngetich Kurgat,Gordon Sichale,Abuodha,GaturuCase number Civil Miscellaneous Application 163 of 1999

Division and case type: CivilMiscellaneous Application

…I have been addressed by both counsel as to why I should or should not exercise my discretion in favour of the applicant.…

…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…

Judgment[1998] KECA 612 August 1998

MOSES KIPNGETICH KURGAT v THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY

Court of Appeal at Vs The DisciplinaryAluoch,JUDGE APPEAL

Division and case type: GeneralUnclassified

…I have been addressed by both counsel as to why I should or should not exercise my discretion in favour of the applicant.…

…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…

2 min read

Judgment[1984] KECA 8221 August 1984

VIJAY KUMAR MEGHJI SHAH v REPUBLIC

Court of Appeal at MalindiBhandari,judge sentenced Anupchand Vijay,JUDGE APPEALCase number Criminal Appeal 86 of 1983

Division and case type: CriminalCriminal Appeal

…There remains, however, even, if this practice is preached, as with other rules of practice, the discretion vested in the trial judge whether or not to admit the confession.…

…It is not improper to file an inforation containing two or more counts of murder, and it is within the discretion of the court to allow or disallow this.…

33 min read