Case law
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Division and case type: CivilCivil Case
…I am aware that under order 9A rule 10 and order 9B rule 8 the Court’s discretion to set aside a judgment entered ex parte is wide and unfettered but all the same that discretion must be exercised according to law in conformity…
…The principles upon which the Court exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all…
Division and case type: CivilCivil Suit
…In paragraph 7.2 of the said contract of employment, the plaintiff could exercise discretion as to any information he received in connection with the assignment and which be considered harmful to the first defendant.…
…That paragraph provided that:- "7.2 The employee shall exercise discretion as toinformation he gets in connection with theassignment which may be harmful for the co-operative organisations, authorities, etc in theprogramme…
Division and case type: CriminalCriminal Appeal
…In view of the above, the Court in its discretion, hereby reduce the sentence to the period already served. The appeal succeeds to that extent. Accused should be released forthwith unless lawfully held.…
Division and case type: FamilySuccession Cause
…The applicant also prayed that the grant of representation to the estate of the deceased be assigned to person(s) in the discretion of the court, considering the petition herein, all the beneficiaries to the estate, the circumstances…
Division and case type: CivilCivil Suit
…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…
Division and case type: Environment and LandCivil Appeal
…The High Court shall have power in its discretion by order to enlarge the time xed by sub paragraph (1) or sub paragraph (2) for the taxing of any step; application for such an order may be made by Chamber Summons upon giving…
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…