Judgment[1997] KECA 398
Case law
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Division and case type: CivilCivil Appeal
…There are eight grounds of appeal, but the gravamen of the matter is that the learned Judge in the court below did not properly exercise his judicial discretion in the application and, consequently, arrived at a wrong decision…
…It is also trite that this court will not interfere with the exercise of judicial discretion in such cases unless the exercise was on wrong principle or the Judge acted perversely.…
Division and case type: CivilCivil Appeal
…He was of the view that that Judge had improperly exercised his judicial discretion in the matter with the result that the leave he had granted was inconsequential.…
…So to the extent that the trial Judge held that a Judge who hears an application under S.28, above, exercises judicial discretion, I am respectfully unable to share the same view.…
Division and case type: CivilCivil Appli
…There is no evidence of substantial loss in this application.Decision under 0.41 r.4 of Civil Procedure Rules isdiscretionary and as in acts of judicial discretion must beexercised in accordance with sound judicial principles…