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…Counsel for the Appellant submitted that although the award of costs is a matter of discretion, that discretion must be exercised judicially, not capriciously.…

…if the discretion is exercised unjudicially or without good reason. 9.…

…Olenja (1968) KLR 661, or where its discretion was exercised injudiciously as held in Mbogo & Another vs. Shah (1968) EA 93.…

…the exercise of the discretion unless it has not been exercised judiciously.…

…The Appellant maintained that while courts have discretion in awarding costs, such discretion must be exercised judicially and with valid reasoning. 9.…

…It is trite law that while the court has discretion in awarding costs, that discretion must be exercised judicially and not arbitrarily. The award of costs is not automatic.…

…The question therefore is that, did the trial court exercise its discretion wrongly? Can this Court interfere with a trial court’s exercise of discretion?…

…The latitude of an appellate court to upset a lower court’s exercise of discretion is circumscribed.…

…Rule 4 gives the single judge an unfettered discretion and so long as the discretion is exercised judicially, a judge would be perfectly entitled to consider any other factor outside those listed in the paragraph we have…

…To limit such issues only to the four set out in the paragraph would be to fetter the discretion of single judge and as we have pointed out, the rule itself gives a discretion which is not fettered in anyway…” [12] Needless…

…The Learned Trial Magistrate erred in law by exercising his discretion in a capricious manner to the detriment and prejudice of the Appellant.…

…The issue that this court had to grapple with is whether this Court can interfere with the trial court’s said discretion. In Pindoria Construction Ltd vs.…

…& 2 others [2019] eKLR , as follows: “………… we affirm that we would only interfere with the Appellate Court’s exercise of discretion if we reach the conclusion that in exercise of such discretion, the Appellate Court acted…

…’s exercise of discretion.” 16.…

…He submitted that the challenge concerned the exercise of discretion by the subordinate court.…

…In my view, a decision as to whether or not to grant a stay of execution is an exercise of discretion. The learned magistrate had unfettered discretion to grant or deny a stay.…

…It is trite law that an appellate court should not interfere with the exercise of the discretion of a judge unless satisfied that the judge in exercising his discretion has misdirected himself and has been clearly wrong in…

…the exercise of the discretion and that as a result there has been injustice.” 16.…

…to interference with discretion that : “...It is settled law that whenever a court is called upon to exercise its discretion, it must do so judiciously and not on caprice, whim, likes or dislikes.…

…(c) Thirdly the Court of Appeal should not interfere with the exercise of the discretion of a judge unless it is satisfied that the judge in exercising his discretion has misdirected himself in some matter and as a result…

…The respondents argued that the trial court properly exercised its discretion under Order 12 Rule 7, considering the totality of evidence and the procedural history of the case.…

…Whether this Court, as a first appellate court, should interfere with the exercise of discretion by the trial court. iv. Who should bear the costs of the appeal?…

…’ rights must be considered each case must be considered on its own merits and discretion exercised accordingly; b) The mere inability of a debtor to pay in full at once is not a sufficient reason for exercise of the discretion…

…One must demonstrate sufficient reason so as to attract the court’s discretion.…

…The Trial Court misdirected herself on the law and the facts and in the process exercised its discretion injudiciously by failing to appreciate that the Court had the discretion under prayer 6 of the Appellant's Notice of…

…The court should not be inclined to interfere with exercise of judicial discretion just because if the appeal court would have heard the matter its exercise of discretion would have been different.…

…Where that order or decree does not exist, there would be no jurisdiction to exercise discretion to stay a non-existent order or decree.…

…The stay is of an order or decree made in exercise of some discretion. To enable the court, consider a stay application, it ought to be demonstrated that the other court exercised discretion improperly.…

…"Discretion to extend time or halt execution is not automatic—it must be earned through prompt action and sufficient cause." 1.…

…The principles guiding the court in the exercise of its discretion to extend time are well-established. The court exercises its discretion judiciously, and not as a matter of right.…

…to determine by whom and to what extent such costs are to be paid; of course, like all judicial discretions, the discretion on costs must be exercised judiciously and how a court or judge exercises such discretion depends…

…This provision gives the judge discretion in awarding costs but that discretion has to be exercised judicially.…

…It is trite law that an appellate court should not interfere with the exercise of the discretion of a judge unless satisfied that the judge in exercising his discretion has misdirected himself and has been clearly wrong in…

…the exercise of the discretion and that as a result there has been injustice.” 45.…

…That the learned magistrate wrongly exercised his discretion, resulting in injustice. iii. That the award was punitive in nature. iv. That the award curtailed the Appellants’ right to a hearing. v.…

…Interference with Discretion 14) It is settled that an appellate court will not interfere with a trial court’s discretion unless the discretion was exercised on wrong principles or the decision is plainly wrong, resulting…

…It is trite law that an appellate court should not interfere with the exercise of the discretion of a judge unless satisfied that the judge in exercising his discretion has misdirected himself and has been clearly wrong in…

…the exercise of the discretion and that as a result there has been injustice.” 45.…