Judgment[1983] KECA 75
Pithoni Waweru Maina v Thuka Mugiria
Court of Appeal at Nairobi
Case law
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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 Case
…This is a case where an offer of suitable undertakings was expected, and as none is made, the Court withholds the exercise of its judicial discretion in favour of the applicants.…
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…