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…They both faulted the Trial court for failing to judiciously and exercise her discretion contrary to overriding objective of civil litigation. 10.…

…The Respondent on the other hand submitted that the Trial court exercised its judicial discretion well given the facts of the case and the reasons advanced by the Appellant’s in their application were not supported.…

…They submit that reinstatement of a suit is at the discretion of the court which ought to be exercised judiciously.…

…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 the exercise of his discretion to enlarge time on such terms as may seem just to him, the learned single judge disallowed the application.…

…from the case as a whole that he was clearly wrong in the exercise of his discretion and that as a result there has been injustice.…

…As I set out to exercise my discretion I must at the outset confess that there is no material before me on which I can do so. As was said by Privy Council in RATNAM V.…

…In my judgment, once there is non-compliance the burden is on the party seeking indulgence to satisfy the court why the discretion should nevertheless be exercised in his favour.…

…Costs are discretionary but the discretion must be exercised judiciously.…

…The Supreme Court has set forth guiding principles applicable in the exercise of that discretion in the case of Jasbir Singh Rai & 3 others v.…

…It is a matter in the discretion of the Court.” 7.…

…Regarding setting aside its own orders made as a result of non-attendance by a party, or failure to defend a case, the Court possesses a wide discretion, which discretion must however be exercised judiciously as was well-stated…

…The Respondent relied on the case of Republic vs Rosemary Wairimu Munene, Ex-Parte Applicant Vs Ihururu Dairy Farmers Co-operative Society Ltd this court held as follows: “The issue of costs is the discretion of the court…

…Justice (Retired) Kuloba stated as follows:- "Costs are [awarded at) the unfettered discretion of the court, subject to such conditions and limitations as may be prescribed and to the provisions of any law for the time being…

…It was submitted that it is trite law that the court has unfettered discretion to set aside exparte judgments and that the discretion must be exercised judiciously in a way that ensures the ends of justice are met.…

…In the event his court exercises discretion to enlarge time and admit the intended draft defence.…

…Compensatory damages are awarded to a wronged party in exercise of the court’s discretion.…

…It is trite law that an appellate court should not interfere with the exercise of the discretion of a judge unless satisfied that the judge in exercising his discretion has misdirected himself and has been clearly wrong in…

…The Respondent urged that the Appellant is not worthy of the exercise of the court’s discretion as she is an indolent litigant who has not owned up to her mistakes.…

…The Court thus has wide discretion to grant orders on terms. The terms must however be just.…

…There is discretion to extend time for seeking grant of leave to file appeal out of time. However, the exercise of that discretion is not automatic, for sufficient cause must be shown. 17.…

…It would be the giving of a reasonable or plausible explanation which unlocks exercise of discretion. 19.…

…We are of course aware that we ought not to interfere with the exercise of discretion by a judge or substitute our own discretion instead.…

…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…

…The Court, in exercising its discretion, should therefore always opt for the lower rather than the higher risk of injustice. I am also guided by the holding in Patel -vs- E.A.…

…The main concern of the court is to do justice to the parties and the court will not impose conditions on itself to fetter the wide discretion given it by the rules.…

…This being a first appeal from exercise of discretion , this Court is guided by the well-established principle that it should not interfere with the exercise of discretion by a trial court unless it is shown that the court…

…Whether the learned trial magistrate properly exercised her judicial discretion in dismissing the application for reinstatement; ii.…

…the trial magistrate erred in directing the amount of repayment pending trial; and c) Whether this court should interfere with the exercise of discretion.…

…Whether this court should interfere with the exercise of discretion 37. The principles upon which an appellate court may interfere with the exercise of discretion are well settled. In Mbogo v.…

…First, at all times a Trial Court has wide discretion to award and fix the rate of interests provided that the discretion must be used judiciously.…

…The period from the date of the judgment to the date of payment of the sum adjudged due or such earlier date as the Court may, in its discretion fix.…

…with the discretion of the lower court unless it is absolutely necessary.…

…That discretion must be exercised upon reasons and must be exercised judiciously.…

…Where the decision appealed from involves the exercise of judicial discretion, an appellate court does not interfere merely because it would have exercised that discretion differently.…

…That decision remains the locus classicus on appellate interference with judicial discretion.…

…Compensatory damages are awarded to a wronged party in exercise of the court’s discretion.…

…It is trite law that an appellate court should not interfere with the exercise of the discretion of a judge unless satisfied that the judge in exercising his discretion has misdirected himself and has been clearly wrong in…