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…The conduct of a party is key in any matter where the jurisdiction of the Court to exercise its discretionary powers is invoked.…

…The conduct of a party is key in any matter where the jurisdiction of the Court to exercise its discretionary powers is invoked.…

…The impugned ruling amounts to wanton and flagrant abuse, misuse, arbitrary and oppressive abuse of the discretionary powers occasioning an injustice. The appeal was canvassed through written submissions.…

…The scope of the exercise of discretionary powers by courts has been considered severally in decisions by our courts, including the case of Mbogo & Another =Versus= Shah (1968) EA 93 relied upon by counsel for the appellant…

…The application invokes the discretionary powers of the court, which discretionary powers must be exercised judiciously.…

…An injunction is an equitable relief that is granted by courts in the exercise of discretionary powers.…

…It was submitted by the Respondent that this court can only interfere with the discretionary powers of the trial court if the trial court did not exercise the discretionary powers judiciously.…

…It was submitted by the Respondent that this court can only interfere with the discretionary powers of the trial court if the trial court did not exercise the discretionary powers judiciously.…

…It was submitted by the Respondent that this court can only interfere with the discretionary powers of the trial court if the trial court did not exercise the discretionary powers judiciously.…

…It was submitted by the Respondent that this court can only interfere with the discretionary powers of the trial court if the trial court did not exercise the discretionary powers judiciously.…

…In my understanding a stay would be granted unless there is overwhelming hindrance to the exercise of the discretionary powers of the court… I appreciate and understand that the court in considering whether to grant or refuse…

…This court is being moved to invoke its discretionary powers to set aside the ruling and/or consequential proceedings arising from the ruling in Misc. Application No. E005 of 2023.…

…It is a settled principle of law that an appellate court can only interfere with the discretionary powers of the trial court where it is demonstrated that the trial court misdirected itself in some matters and as a result…

…Based on the above and bearing in mind that the trial court exercised its discretionary powers in reviewing the consent orders, I find nothing to warrant this court’s interference with the discretionary powers of the trial…

…That the Court is clothed with wide discretionary powers under Order 42 Rule 6 of the Civil Procedure Rules, Sections IA, 1B, and 3A of the Civil Procedure Act to issue stay orders, and the exercise of this discretion is…

…An application for stay invokes the discretionary powers of this court under Order 42 Rule 6 (1) of the Civil Procedure Rules, 2010 that empowers the court to stay execution, either of its judgement or that of a court whose…

…An application for stay invokes the discretionary powers of this court under Order 42 Rule 6 (1) of the Civil Procedure Rules, 2010 that empowers the court to stay execution, either of its judgement or that of a court whose…

…An application for stay invokes the discretionary powers of this court under Order 42 Rule 6 (1) of the Civil Procedure Rules, 2010 that empowers the court to stay execution, either of its judgement or that of a court whose…

…As correctly submitted, orders sought invoke discretionary powers of the court provided for in statute.…

…The conduct of a party is key in any matter where the jurisdiction of the Court to exercise its discretionary powers is invoked.…

…The conduct of a party is key in any matter where the jurisdiction of the Court to exercise its discretionary powers is invoked.…

…Adjudicator erred in Law and in Fact by being inconsistent in its reasoning when awarding Special Damages in complete reliance with the estimated costs of the Assessment Report while on the other hand unjustly exercising its discretionary…

…powers in awarding General Damages for Loss of User for a period of Fifteen (15) days despite the said Assessment Report estimating the period of Loss of User to be Seven (7) days; (11) That the Learned Magistrate /Adjudicator…