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25 decisions for “"discretion"”

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“"discretion"”nakuru kisumu Clear all

Judgment[1985] KECA 115

19832023

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Judgment25 results

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8 August 1985

Muyale v Mulefu

Court of Appeal at Kisumuthis court for stay of execution against the order of,High CourtCase number Civil Miscellaneous Application 41 of 1985

Division and case type: CivilMiscellaneous Application

…Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give the court a discretion…

8 min read

Judgment[1993] KECA 6421 November 1993

Nairobi Bus Union v Dexter Ireri Imanene

Court of Appeal at NakuruKKS Aganyanya,JUDGE APPEALCase number Civil Appeal 75 of 1991

Division and case type: CivilCivil Appeal

…can never be a mathematical formula for the assessment of damages in these matters and the Courts have over the years recognized the position that assessment of such damages is essentially an exercise of the trial judge’s discretion…

appeal failsDismissed8 min read

Judgment[1988] KECA 6325 February 1988

John Mburu Kinyanjui v Republic

Court of Appeal at Nakurujudge High Court,JUDGE APPEALCase number Criminal Appeal 141 of 1986

Division and case type: CriminalCriminal Appeal

…Dealing with counts of conspiracy raises problems which require discretion and complete understanding of the case in hand.…

9 min read

Judgment[1990] KEHC 621 April 1990

Kamau Muchiri v Republic

High Court at KisumuCourt,Udo UdomaCase number Criminal Appeal 34 of 1990

Division and case type: CriminalCriminal Appeal

…Moving on the question of forfeiture, counsel for the appellants submitted that the order for forfeiture of 90 bags of maize was uncalled for, and the discretion of the Court in so making the order was injudiciously exercised…

appeal is dismissedDismissed15 min read

Judgment[1989] KECA 5113 March 1989

Yalwala v Indumuli & another

Court of Appeal at KisumuJudge set out Order,JUDGE APPEALCivil Appeal 69 of 1987

Division and case type: CivilCivil Appeal

…Mr Wasuna’s secondary submission is that even if there was proper service, there were sucient reasons why the ower courts should have exercised discretion in favour of the appellant.…

Appeal allowedAllowed16 min read