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…In the instant application the defendants have endeavoured to explain their counsel’s non-attendance and have advanced reasons why I should exercise my unfettered judicial discretion in favour of setting aside the order.…

…There is no material to make me exercise my discretion in favour of vacating the order made on 8th May 1990. I disallow the application. Costs to the respondent assessed at Kshs 800/=. Orders accordingly.…

…Mr Malik claimed that I have a discretion in the matter which I should exercise in favour of upholding the Deed. With respect I do not think that I have any such discretion.…

…In any event, there exists no basis for the exercise of a discretion since I do not have sufficient facts before me to decide where K’s interest lies.…

…However, in exercise of his discretion to do justice in the matter, he decided that it would occasion a grave injustice to do so particularly in view of the fact that thousands of depositors would thereby be affected.…

…In my view, by reason of the plaintiff’s failure to comply with the order made by Mulwa, J. is undeserving of the courts discretion and this suit should to be dismissed with costs. It is so ordered.…

…The granting of an injunction is exercise of the Court’s discretion.…

…But as it is settled that the discretion has to be exercised within the ambit of the principles which were enunciated in the case of Giella v Casman Bown & Co Ltd [1973] EA 358.…

…This court has an unfettered discretion to set aside or not the judgment on record. See Joseph Ngunje Waweru - vJoel Wilfred Ndiga (1982-88) 1 KAR 210. The defendant has annexed the intended defence.…

…In the circumstances therefore I decline to exercise my discretion under Section 3A Civil procedure Act (Cap 21) to set aside sale as I was requested. The result is that I dismiss application with costs.…

…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…

…Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…

…Consequently in exercise of the courts discretion and notwithstanding that the application the application which has no merit, I grant the injunction in terms of prayer No. 2 in the application until 30.11.96 on the following…

…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…

…All the text books and leading authorities agree that a Court has discretion to grant an interlocutory restraining injunction restraining further publication of a libel where the defendant continues to publish the libelous…

…In the premises, I am satisfied that this is a fit and proper case for the exercise of judicial discretion in granting an injunction to the plaintiff.…

…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.…

…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…