Joseph Muchina Kamau v National Housing Corporation Limited
Division and case type: CivilCivil Appeal
…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…
Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…
Division and case type: CivilCivil Appeal
…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…
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: CivilCase number Civil Application
…Though the discretion is unfettered, like all judicial discretion, it must be exercised on reason, not caprice, and the exercise must not be arbitrary or oppressive.…
Division and case type: CivilCivil Appeal
…Considering the sentiments expressed by the Judge, it is impossible to eliminate completely the probability that his personal feelings in relation to those principles may have clouded the exercise by him of his judicial discretion…
Division and case type: CivilCivil Appeal
…In any event, the grant of such an amendment is a matter of a judicial discretion not lightly to be interfered with.…
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 Appeal
…Georgiadis argued that assessment of an award is a matter of judicial discretion which should not be interfered with unless it is wrong in principle.…
…And within that range, what is fair and reasonable to award in each individual case, is a matter for judicial discretion.…
Division and case type: CivilCivil Appeal
…BETWEEN PITHON WAWERU MAINA.........................................APPELLANT AND THUKU MUGIRIA....................................................RESPONDENT JUDGMENT This is another case concerning the exercise of the judicial…
…discretion under order IXA, rules 10 and 11 and under order IXB rule 8 (which are in the same terms) of the Civil Procedure (Revised) Rules 1948, to set aside an ex parte judgment obtained in the absence of an appearance…
Division and case type: CivilCivil Appeal
…It is now trite law that granting or withholding an injunction, whether permanent or temporary, involves the exercise of judicial discretion which, although is wide, is exercised only on settled principles and “not according…