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…The issues for determination are as follows: a) Whether there is a basis for the court to exercise its discretionary power to set aside the order of 13th February 2025 and reinstate the Application dated 14th February 2025…

…The court has unlimited discretionary power to set aside interlocutory judgments against the applicant to avoid causing injustice and hardships caused by inexcusable errors.…

…It is trite that the power to grant or refuse an application for joinder is a discretionary power of the court, which must be exercised judiciously based on the specific facts and circumstances of each case to ensure the…

…A visit to locus quo is a discretionary power of the court, and is an exception rather than the rule, and not a mandatory step.  …

…That the law expressly provides that the court has discretionary power to order that the pleadings be amended at any stage before Judgment for purposes of determining the real question or issue which has been raised by parties…

…The discretionary power is exercised so as to do justice to the case. However, the said discretion must be exercised judiciously and not whimsically.…

…However, even if this proviso implies it is mandatory, the architecture of this provision cannot be read in isolation and has to be read conjunctively with Order 4 Rule 1 (6) thereof which grants this court discretionary…

…power.…

…The Applicant has argued that the court has discretionary power to grant a stay of execution pending an appeal.…

…The Applicant relied on Jamii Bora Bank Limited & another v Samuel Wambugu Ndirangu [2022] KEHC 1845 (KLR) where the discretionary power of the court in such context was appreciated, and argued that the instant Application…

…DEFENDANT R U L I N G The defendant invoked the discretionary power of this court under Order XX rule 11 (2) of the civil Procedure rules by filing a chamber summons dated 10th September, 2003 in which he sought to liquidate…

…That discretionary power must be invoked by way of an application and is exercised judicially.…

…Independent Electoral and Boundaries Commission & 7 others [2014] KESC 12 (KLR), outlined the principles to be followed when exercising the discretionary power to extend time: “Extension of time being a creature of equity…

…Extension of time is not a right of a litigant against a Court, but a discretionary power of the Courts which litigants have to lay a basis [for] where they seek grant of it.…….…

…The applicant argues that the courts have unlimited discretionary power to set aside or vary judgments with the main aim of being that justice should prevail and such discretion shall be exercised to avoid injustice or hardship…

…application before the court are prayers where the court is called upon to exercise its discretional powers and the principle guiding the exercise of desertion by the court or in other words for a court to exercise its discretionary…

…He cited Kenya Commercial Bank Ltd v Nyataige & another [1990] KEHC 50 (KLR) and Joshua Okeyo Ng’ani v Lion Motor Dealers & Technical Institute [2004] KEHC 1991 (KLR) to emphasize on the discretionary power of the courts…

…The Respondent cited Shah v Mbogo [1967] EA 116 to support the point that the discretionary power of the court to set aside an ex parte order is intended to prevent an injustice resulting from an accident, mistake or inadvertence…

…The power of the court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal. 2.…

…applicant.” d) The court in the case of Muchiri versus Rutere (Environment & Land Case 319 & 316 of 2017 (Consolidated)) [2023] KEELC 22377 (KLR) (14 December 2023) (Ruling) held; “Stay of execution pending appeal is a discretionary…

…power bestowed upon this court by law.…

…It is a discretionary power of the Court under section 3A of the Civil Procedure Act…Although there is only one High Court in Kenya which sits in different areas as directed by the Chief Justice (as opposed to subordinate…

…It is a discretionary power, which will be exercised having regard to all the circumstances of the case”. 28.…

…The power of the Court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal; 2.…

…The power of the court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal; 2.          …

…Counsel for the Applicants filed submissions dated 5th August, 2024 and identified the following issues for determination: a) Whether there is a basis for the Court to exercise its discretionary power to set aside the order…

…In support of the Motion, the Applicant anchored his submissions, inter alia , on the decision in Jimmy Mutuku Kiamba v Nation Media Group & 2 others [2017] KEHC 1439 (KLR) on the discretionary power of the courts in setting…

…In any event, courts have discretionary power to set aside or vary default or interlocutory judgments, upon consideration of the various principles which will be addressed hereunder. 25.…

…In Butt v Rent Restriction Tribunal [1982] KLR 417, the Court of Appeal held that the power of the court to grant or refuse an application for a stay of execution is a discretionary power which should be exercised in such…

…Extension of time is not a right of a litigant against a court, but a discretionary power of the courts which litigants have to lay a basis where they seek courts to grant it.”…