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…This is an interlocutory appeal against the exercise of the discretion of the learned judge who refused an interlocutory injunction pending trial.…

…Let us then see if that was a judicial exercise of his discretion.…

…Camman Brown (1973) E.A, 358 principles were satisfied and in our view the learned judge exercised his discretion to grant the injunction in question quite properly. Mr.…

…the goods, but there was no discretion in collection of duty in accordance with the Act.…

…The starting point was the extent to which an appellate court may interfere with the exercise of discretion by the court of first instance.…

…Mr Khaminwa also referred us to the ruling of Hancox JA in NAI 56/83 Githere v Kimungu in which the applicant sought the exercise of the court’s discretion to extend time to file both notices of appeal and for instituting…

…Mr Khaminwa also referred us to the ruling of Hancox JA in NAI 56/83 Githere v Kimungu in which the applicant sought the exercise of the court’s discretion to extend time to file both notices of appeal and for instituting…

…I always understood the rule to be that the party who seeks an indulgence must explain why a discretion should be exercised in his favour notwithstanding “inaction” or “delay” on his party.…

…I am unable to exercise my discretion in favour of the applicant. I do not consider this to be a fit or proper case for the exercise of my discretion. Accordingly, the application is dismissed with costs.…

…That the plaint has not yet been served on the Defendant as provided by law and consequently the plaintiff can amend her plaint should she so wish at her sole discretion.…

…noted that the 3 grounds of objection made by Mr Ombaka in writing states the plaint has not been served on the Defendant as provided by law and consequently the Plaintiff can amend her plaint should she so wish at her sole discretion…

…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…

…Ms Karua urged me to use my discretion and award reasonable costs and on all other items she agreed that I may use the scales. I have read the notes of proceedings before the Court including judgments of the three Hon.…

…The award of damages is a matter within the discretion of the trial court.…

…That the plaint has not yet been served on the Defendant as provided by law and consequently the plaintiff can amend her plaint should she so wish at her sole discretion.…

…noted that the 3 grounds of objection made by Mr Ombaka in writing states the plaint has not been served on the Defendant as provided by law and consequently the Plaintiff can amend her plaint should she so wish at her sole discretion…

…The fact that mandamus is neither a writ of course nor a writ of right but a matter of the discretion of court does not mean that natural justice may be breached.…

…A court exercises its discretion judicially, after hearing the relevant admissible evidence and deciding on merits. One of the purposes of an order of mandamus is to issue to the end that justice may be done.…

…Ms Karua urged me to use my discretion and award reasonable costs and on all other items she agreed that I may use the scales. I have read the notes of proceedings before the Court including judgments of the three Hon.…

…So if not for any other reason, I would have dismissed this application because I am not at all satisfied that applicant has been diligent enough to be entitled to my unfettered discretion to extend the time for lodging the…

…For the p urpose of this sub-rule, any decision extending or refusing to extend time for the lodging of a bill of costs or any exercise by the Registrar of the over -riding discretion given him by paragraph 12 of the Third…

…that in the circumstances for the case as put before him, the Plaintiff would be adequately compensated by an award of damages, and therefore that the Plaintiff Company had not made out a case whereby he could exercise his discretion…

…Ltd Civil Appeal 36 of 1983; (unreported) as to the circumstances in which an Appeal Court can interfere with the exercise of discretion by a trail court; and to the same effect Mbogo vs Shah [1968] EA 93 at page 96 per…

…Section 27 of the Civil Procedure Act 9 (cap 21) provides that the costs of and incidental to all suits shall be in the discretion of the court or judge and the court or judge shall have full power to determine by whom and…

…Because no reason was given, the point was taken on appeal and we have been asked to interfere with the judge’s discretion in awarding 3/4 costs.…

…That being so, I am in agreement with my brothers that this is not a case in which we should exercise our discretion as to costs in his favour.…

…On all this, then, in the exercise of my discretion, I now grant this application.…