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…The approval of the court was nothing but exercise of judicial discretion in the matter.…

…clause 32 of the main contract the parties to the main contract are entitled to refer all matters arising out of the contract to arbitration which matters are said to include “any matter or thing left by this contract to the discretion…

…The discretion is quite wide. A careful reading of the rule reveals that the Court needs to consider each case on the basis of its peculiar facts.…

…The discretion is quite wide. A careful reading of the rule reveals that the Court needs to consider each case on the basis of its peculiar facts.…

…It is dated 14th March, 1998 to run for three months and renewable at the company’s discretion.…

…The discretion is quite wide. A careful reading of the rule reveals that the Court needs to consider each case on the basis of its peculiar facts.…

…The costs of all suits are in the discretion of the court which has the power to determine by whom and out of what property and to what extent such costs are to be paid provided that they shall follow the event unless the…

…In the exercise of my discretion I now award the costs of the suit to the defendant Nzambi against the plaintiffs Munini and Musangi. So, in the end, the suit of Munini and Musangi is dismissed with costs to Nzambi.…

…also held that by reading order 8 and order 35 together the existence of a set-off or counter claim is sufficient to entitle a party to defend within the meaning of order 35 rule 2, but (per Duffus, JA), the Court has a discretion…

…The evidence of DW 3 that it was solely on the discretion of the defendant as to who should have travelled in his vehicle is not credible as he had nothing to do with burial arrangements.…

…This Court must exercise its discretion in a just, fair and equitable manner to save the future of the plaintiffs, and to safeguard their constitutional rights enshrined in the Constitution of Kenya.…

…This formulation based on Giella’s case must, therefore, be regarded at best as a terse reminder of a large body of law, and not as the prescription of how the discretion must be exercised.…

…The clause states, inter alia that the advance would be secured by a legal charge which would be prepared by the Society’s advocates embracing such terms and conditions “as the society in its absolute discretion shall think…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…

…The Judge’s discretion to grant judgment on admissions of facts under the Order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability…