Case law
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Division and case type: CivilCivil Case
…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…
…He accordingly exercised his discretion under section 3A in the Civil Procedure Act.…
Division and case type: CivilMiscellaneous Civil Application
…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…
…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The healthy principle from the stated point of challenging the discretion of the prerogative of mercy as subject for judicial review is as stated by H. W. R. Wade & C. F.…
…unlawful action as a matter of right and to live under the rule of Law, not the rule of discretion.…
Division and case type: CriminalCriminal Appeal
…There remains, however, even, if this practice is preached, as with other rules of practice, the discretion vested in the trial judge whether or not to admit the confession.…
…It is not improper to file an inforation containing two or more counts of murder, and it is within the discretion of the court to allow or disallow this.…
Division and case type: CivilCivil Appeal
…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…
Division and case type: CivilCivil Case
…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…
Division and case type: CriminalCriminal Appeal
…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…
Division and case type: Constitutional and Human RightsElection Petition
…consider: did the Appellant provide a sufficient basis for the trial Court to make orders of Scrutiny and Recount "did the denial of an order for Scrutiny compromise the Appellant's case" should this case interfere with the discretion…
…(xi) THAT whereas this Honourable Court has discretion to allow the filing of further affidavits and admit new or additional evidence pursuant to Rule 15 (1) (h) of the Elections (Parliamentary and County Elections) Petitions…
Division and case type: Constitutional and Human RightsElection Petition
…consider: did the Appellant provide a sufficient basis for the trial Court to make orders of Scrutiny and Recount "did the denial of an order for Scrutiny compromise the Appellant's case" should this case interfere with the discretion…
…(xi) THAT whereas this Honourable Court has discretion to allow the filing of further affidavits and admit new or additional evidence pursuant to Rule 15 (1) (h) of the Elections (Parliamentary and County Elections) Petitions…