“"discretion"” — court decisions

Judgment[1990] KECA 568 January 1990

Jiwa v Jiwa & another

Court of Appeal at MombasaJudge July,JUDGE APPEALCase number Civil Appeal 59 of 1986

Division and case type: CivilCivil Appeal

…We were pressed to consider whether the judge has arrived at such a wrong decision that this court should upset the exercise of the unfettered discretion of the judge.…

…Plainly, the judge misapprehended sub-rule (2) of the rule 10 in the exercise of his discretion and as a result reached a wrong conclusion.…

8 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[1995] KECA 15319 July 1995

Car & General (K) Limited v Diamond Trust of Kenya Limited

Court of Appeal at MombasaWambilyangah,JUDGE APPEALCase number Civil Appeal 159 of 1994

Division and case type: CivilCivil Appeal

…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…

appeal failsDismissed4 min read

Judgment[1998] KECA 19327 August 1998

E. A. Building Society Limited v A.C.A. D'souza & another

Court of Appeal at MombasaJudge pursuant Rule,Judge Judge,Judge made under Rule,Judge confined Rule,Judge imposing VAT,JUDGE APPEAL,AnjarwallaCase number Civil Appeal (Application) 59 of 1996

Division and case type: CivilCivil Appeal

…For the p urpose of this sub-rule, any decision extending or refusing to extend time for the lodging of a bill of costs or any exercise by the Registrar of the over -riding discretion given him by paragraph 12 of the Third…

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

…For the respondents it was urged that an appellate court should be slow to interfere with the exercise of discretion in an interlocutory order in rst instance.…

Judgment[1987] KECA 7627 September 1987

Securicor (Kenya) Ltd v EA Drapers Ltd & another

Court of Appeal at MombasaGautama,judge held Securicor,JUDGE APPEAL,ItCase number Civil Appeal 67 of 1985

Division and case type: CivilCivil Appeal

…Certainly the cases show that the discretion must be exercised sparingly. The evidence must all be on the record and the new point must not raise disputes of fact.…

14 min read