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…Whether or not to reopen a case is the discretion of the court which discretion ought to be exercised judiciously.…

…The court retains discretion to allow re-opening of a case. That discretion must be exercised judiciously.…

…Instead, the taxing officer must proceed to assess instruction fees through the exercise of the discretion conferred by the Advocates Remuneration Order. (b) The Nature of Judicial Discretion in Taxation 32.   …

…The discretion exercised by a taxing officer is a judicial discretion. It is neither absolute nor unstructured.…

…The discretion conferred by that provision is wide.…

…Such an exercise of discretion would in our mind be wrong in principle.” 11. The guiding principles for exercising this discretion are well established.…

…Such a discretion must of course be judicially exercised, and where as in this case no reasons are given for the exercise of a judicial discretion in a particular manner, it will be assumed that the discretion has been correctly…

…The exercise of discretion must, however, be founded on some defined legal principles, not whimsically or capriciously. There are copious judicial decisions on this subject.…

…The jurisdiction to vary judgment being a judicial discretion should be exercised judicially; and, as is often said, whether judicial discretion should be exercised or withheld in a party’s favour, depends, on a large measure…

…The test for the exercise of this discretion are these: - First, was there a defence on the merits$1 Secondly, would there be any prejudice$2 Thirdly, what was the explanation for any delay$3” 14.…

…The court thus exercises a judicial discretion all the time having in mind what is just and fair in the case.…

…However, the facts and circumstances of each case must afford sufficient ground to enable the court concerned to exercise discretion for the reason that whenever the court exercises discretion, it has to be exercised judiciously…

…However, this discretion is tampered with by Order 42 Rule 6(2) which outlines the circumstances when discretion will not be exercised in favour of an applicant.…

…The discretion under Rule 5(2) (b) is at large, but as was pointed out in the Kenya Shell case substantial loss is the cornerstone of both jurisdictions.…

…From this provision it is evident that the issue of costs lies at the discretion of the trial court. 7.…

…However, the vital factor I setting the preference is the judiciously-exercised discretion of the Court, accommodating the special circumstances of the case, while being guided by ends of justice.…

…From this provision it is evident that the issue of costs lies at the discretion of the trial court. 7.…

…However, the vital factor I setting the preference is the judiciously-exercised discretion of the Court, accommodating the special circumstances of the case, while being guided by ends of justice.…

…that there is no prescribed definition of the ‘event’; it is left to the discretion of the Court to determine what the event is.…

…The Court further emphasized that while the discretion on costs is wide, it must be exercised judicially and on the basis of sound legal principles. 11.…

…The Plaintiff urges the court to exercise its discretion in its favour.…

…The Applicant contends that the witness’s sickness was unforeseen, and therefore, it provides an excusable reason for the court to exercise discretion in its favour.…

…On exercise of discretion by courts, the court of appeal in the case of Shah vs Mbogo [1967] EA 166 stated:- “. . .this discretion to set aside an exparte judgment is intended to be exercised to avoid injustice or hardship…

…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.” 8.…

…Applicant’s submissions The Applicant submitted that this court has a wide discretion to set aside a default judgment.…

…Discretion would have arisen if service was proper and there had been for example delay in entering appearance.…

…Now that the discretion is a free one the only question is whether, on the facts of this case, that discretion should be exercised in favour of the applicant.…

…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…

…In such instances, the court's discretion is to prevent injustice and hardship.…

…Such an exercise of discretion would be wrong principle.…

…Reinstatement of a suit is at the discretion of the Court, which discretion should to be exercised in a just manner.…

…Order 12 Rule 7, grants the Court discretion to set aside orders of the court on such terms that it deems just to do so. 22.…

…23.The Court is being invited to exercise its discretion to set aside or vacate its orders made on 2nd July, 2015. I am aware that the discretion to set aside and or vacate Court orders should be exercised judicially.…

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

…That discretion must be exercised upon reasons and must be exercised judiciously…In law the discretion that a court of law has, in deciding whether or not to set aside ex parte order was meant to ensure that a litigant does…

…Such an exercise of discretion would be wrong principle.…

…That this Honourable Court has the discretion to re-open the Plaintiff/Applicant case and can only administer substantive justice by allowing this substantive evidence filed in the Plaintiff/ Applicant supplementary List…

…On the other hand, a trial judge has the discretion to permit a plaintiff to re-open its case. This discretion however must be exercised judicially.…