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…The respondent’s argument is that Learned honorable magistrate in arriving at his position on both liability and quantum relied on the evidence on records and that there was no proper exercise of judicial discretion by the…

…The respondent thus contended that it was incumbent upon the appellant to demonstrate the improper exercise of judicial discretion by the learned Honorable magistrate.…

…Equally important is the principle governing appellate interference with the exercise of judicial discretion.…

…The principles governing appellate interference with the exercise of judicial discretion are well settled.…

…In arriving at her decision, the learned Chief Magistrate exercised judicial discretion.…

…In the case of Mbogo and another v Shah [1968] EA 93 , the Court of Appeal for Eastern Africa stated as follows: “ …that this Court will not interfere with the exercise of judicial discretion by an inferior court unless it…

…ANALYSIS AND DETERMINATION The appeal invites the court to interfere with the exercise of a judicial discretion by the learned Honorable magistrate.…

…The court should not be inclined to interfere with exercise of judicial discretion just because if the appeal court would have heard the matter its exercise of discretion would have been different.…

…Shah [1968] EA 93, the court of Appeal stated as doth: “…that this Court will not interfere with the exercise of judicial discretion by an inferior court unless it is satisfied that its decision is clearly wrong, because…

…Gichuki King'ara Vs Iebc & 2 Others, Nyeri Civil Appeal No. 31 Of 2013 (Court Of Appeal) (Visram, Koome & Odek, JJA) Of 13.02.2014, the court of Appeal held as follows: - “it was held that it is trite law that the exercise of judicial…

…It cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.…

…A preliminary objection cannot be raised if any fact has to be ascertained from elsewhere or if the court is called upon to exercise judicial discretion.…

…Shah [1968] EA 93, the court of Appeal stated as doth: “…that this Court will not interfere with the exercise of judicial discretion by an inferior court unless it is satisfied that its decision is clearly wrong, because…

…Gichuki King'ara Vs Iebc & 2 Others, Nyeri Civil Appeal No. 31 Of 2013 (Court Of Appeal) (Visram, Koome & Odek, JJA) Of 13.02.2014, the court of Appeal held as follows: - “it was held that it is trite law that the exercise of judicial…

…discretion. 11.…

…The parameters of judicial discretion are well articulated in the cited case of United India Insurance Co. Ltd v East African Underwriters (Kenya) Ltd (1985) eKLR .…

…discretion. 11.…

…The parameters of judicial discretion are well articulated in the cited case of United India Insurance Co. Ltd v East African Underwriters (Kenya) Ltd (1985) eKLR .…

…To this court, even where the matter involves application of judicial discretion, such discretion though unfettered must be exercised in accordance with the law.…

…This Court therefore is persuaded that the exercise of judicial discretion is a matter of law.…

…To this court, even where the matter involves application of judicial discretion, such discretion though unfettered must be exercised in accordance with the law.…

…This Court therefore is persuaded that the exercise of judicial discretion is a matter of law.…

…To this court, even where the matter involves application of judicial discretion, such discretion though unfettered, must be exercised in accordance with the law.…

…This Court therefore is persuaded that the exercise of judicial discretion is a matter of law.…

…The assessment of damages is a matter of exercise of judicial discretion and appellate courts are cautioned to be guarded in approach to requests for review of the exercise of judicial discretion.…

…This Court would interfere with the exercise of judicial discretion where it is satisfied that the exercise of discretion by the Magistrate was injudicious or was on account a material misdirection on relevant evidence or…

…Shah [1968] EA 93, the court of Appeal stated as doth: “…that this Court will not interfere with the exercise of judicial discretion by an inferior court unless it is satisfied that its decision is clearly wrong, because…

…Gichuki King'ara Vs Iebc & 2 Others, Nyeri Civil Appeal No. 31 Of 2013 (Court of Appeal) (Visram, Koome & Odek, JJA) Of 13.02.2014, the court of Appeal held as follows: - “It was held that it is trite law that the exercise of judicial…

…At page 33 of the record of appeal, in paragraph 4, the lower court observed the cardinal principles that guide courts with the reinstatement of suits and further stated that it is a matter of judicial discretion and that…

…The appeal in question challenges the discretion of the adjudicator and it has been settled that the exercise of judicial discretion is a point of law.…

…In Mrao ltd v First American Bank of Kenya Ltd & 2 others (2003) KECA 175 (KLR), the Court of Appeal held as follows; ‘And as is always the case judicial discretion has to be exercised on the basis of the law and evidence…

…And as was stated by this Court in the case of Carl Ronning v Societe Navale Chargeurs Delmas Vieljeux (The Francois Vieljeux) [1984] KLR 1 an appellate court may only interfere with the exercise of judicial discretion if…

…Judicial discretion is akin to a delicate balancing act, a solemn trust reposed in the courts to ensure justice is not only done but manifestly seen to be done.…

…‘This being an exercise of judicial discretion, like any other judicial discretion must on fixed principles and not on private opinions, sentiments and sympathy or benevolence but deservedly and not arbitrarily, whimsically…

…It was the Appellant’s case that the trial court erred by rigidly invoking the provisions of Order 17 Rule 2(5) of CPR without exercising judicial discretion yet the Respondent did not demonstrate prejudice. 7.…

…discretion. 21.…

…In the case of Mbogo & another v Shah [1968] EA 93, it was held that: “…that this Court will not interfere with the exercise of judicial discretion by an inferior Court unless it is satisfied that its decision is clearly…

…In the case of Global Touts and Travel Limited, Nairobi HC Winding Up Cause No. 43 of 2000 Ringera J. held that: “As I understand the law, whether or not to grant a stay of proceedings is a matter of judicial discretion to…