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…Before us, the applicant complains that the learned judge was wrong in the manner in which he exercised his discretion but in our view the application before the judge and the one before us are frivolous.…

…The learned judge was not obliged to consider any other grounds the applicant may have had for seeking exercise of that court's discretion when he came to the view that the applicant was less than candid.…

…I now turn to consider whether I should exercise my discretion, under rule 4 of the Rules, to grant the application.…

…The starting point is, as it must be, rule 4 itself which confers the widest measure of discretion and makes no distinction between the various classes of cases.But like all discretion, it must be exercised judicially.…

…I have been addressed by both counsel as to why I should or should not exercise my discretion in favour of the applicant.…

…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…

…In these circumstances, I am of the view that there is no material before me on which I can base myself to grant an extension of time, howsoever wide and unfettered the discretion is under rule 4 of the Rules.…

…I must decline to exercise my discretion. Accordingly, the application fails and is dismissed with costs. Dated and delivered at Nairobi this 1st day of November, 1999. A.A. LAKHA ..................…

…It is therefore more than a reasonable possibility that if the judge had known of this letter he would have exercised his discretion under section 349 differently.…

…It is perfectly clear, as Mr Metho submitted before us, that an exercise of discretion upon incomplete or mistaken facts could amount to a matter of law upon which a party to an appeal from a subordinate court to the High…

…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…

…Moreover, there existed adequate powers under the Rules to extend time appropriately in the discretion of the court.…

…I agree that failure to comply with the said rules is not fatal unless accompanied by some irremediable injustice which so far has not been shown in order that my discretion to set aside or review the order complained of…

…extend the time for filing the Notice of Appeal (as opposed to other more complicated steps), but in this case, mindful as I am of Mr Munikah’s plea regarding his clients being kept out of the land, I propose to exercise my discretion…

…Mr Nagpal was of the view that court has discretion as seen by s.234 which gives general powers to the court to appoint liquidator or liquidators.…

…In Re North Wales Gunpowder case (supra) Lindley J ( who had earlier in Jushua Stubbs case (supra) had held that court had discretion to appoint a liquidator) had this to say consequent upon new Act of 1890:- “The language…

…Ochieng Oduol, Counsel for the Respondent's submissions that even if specifically pleaded as in this case (HCCC No. 1055 of 2000 and Counter-claim in HCCC No. 822 of 1996) interest being at the discretion of the court cannot…

…Finally, I deem it necessary to point out that although the Taxing Officers do have the discretion to either decrease or increase the instruction fees awardable in a Party and Party Bill of Costs, once he has exercised that…

…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…

…It is a matter for this court’s discretion according to the rule. It is exercised judicially and not in whimsical or arbitrary fashion.…

…Moreover, whether or not to declare a debtor bankrupt is in the discretion of the court.…

…to hear and determine questions relating to validity of election of members of the National Assembly, and when a seat in the National Assembly of a member has become vacant and that under S.44 (4) parliament is given a discretion…

…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…

…to hear and determine questions relating to validity of election of members of the National Assembly, and when a seat in the National Assembly of a member has become vacant and that under S.44 (4) parliament is given a discretion…

…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…

…In the exercise of my discretion under rule 4 of the Rules of this Court, I therefore grant the applicant's application and order that the time for serving the applicant's Notice of Appeal be and is hereby extended to 4th…

…I always understood the rule to be that the party who seeks an indulgence must explain why a discretion should be exercised in his favour notwithstanding “inaction” or “delay” on his party.…

…I am unable to exercise my discretion in favour of the applicant. I do not consider this to be a fit or proper case for the exercise of my discretion. Accordingly, the application is dismissed with costs.…

…The High Court shall have power in its discretion by order to enlarge the time xed by sub paragraph (1) or sub paragraph (2) for the taxing of any step; application for such an order may be made by Chamber Summons upon giving…

…It cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.…

…Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give the court a discretion…