“"discretion of court"” — court decisions

Judgment[1997] KECA 26314 October 1997

Kenya Cement Marketing Limited v James G.K. Njoroge t/a Baraka Tools and Hardware

Court of Appeal at Nairobijudge should excused Mr,judge Mr,JUDGE APPEAL,Justice,James,Wamalwa,Wamalwa Mr,Ibrahim,Ibrahim asking MrCase number Civil Appeal 75 of 1997

Division and case type: CivilCivil Appeal

…Ram Parkash Anand (1955) 22 EACA Briggs JA said at page 51: "I consider that under order 9 rule 20, the discretion of court is perfectly free, and the only question is whether upon the facts of any particular case it should…

appeal is hereby allowedAllowed12 min read

Judgment[1990] KECA 5116 December 1990

Nyongesa & 4 others v Egerton University College

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 90 of 1989

Division and case type: CivilCivil Appeal

…The fact that mandamus is neither a writ of course nor a writ of right but a matter of the discretion of court does not mean that natural justice may be breached.…

13 min read