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…It is now settled that a Judge will not interfere with the discretion of a Taxing Officer unless it is shown that the decision is based on an error of principle, or that the fee awarded is so manifestly excessive or so manifestly…

…Where it is not, the Taxing Officer is entitled to exercise discretion taking into account the nature and importance of the cause, the interest of the parties, the general conduct of the proceedings and all other relevant…

…Chitembwe cites the test as laid out in Ivita v Kyumbu [1975] KEHC 4 (KLR), which states that the court has discretion to consider whether justice will be served despite prolonged delay on a case-to-case basis. 14.…

…Alfred McAlpine & Sons Ltd, in these words: “The principle on which we go is clear: when the delay is prolonged and inexcusable, and is such as to do grave injustice to one side or the other, or to both, the court may in its discretion…

…Courts have discretion under Order 12 Rule 7 of the Civil Procedure Rules to set aside or vary the judgment or order upon such terms as may be just.…

…See the case of Shah v Mbogo [1967] EA 116 at 123B, where the court stated; - “The discretion is intended so to be exercised to avoid injustice or hardship resulting from accident, inadvertence or excusable mistake or error…

…To turn now to the question of sentence, we recognize that the issue of sentencing is the trial court’s discretion.…

…“An appellate court should not interfere with the discretion exercised by a trial Judge in matters of sentence unless it is evident that he has acted upon some wrong principle or overlooked some material factor” R v Mohamendali…

…The discretion should be exercised in such a way as not to prevent an appeal. 2.…

…The Court in exercising its discretion whether to grant [or] refuse an application for stay will consider the special circumstances of the case and unique requirements.…

…In the case of Stephen Ndichu versus Monty’s Wines and Spirits (2006) eKLR the court opined as follows: “The principles governing the exercise of judicial discretion to set aside ex-parte judgements are well settled.…

…The discretion is free and the main concern of the court is to do justice to the parties before it (See Patel –vs-E. A. Cargo Handling Services Ltd (1974) E. A. 75).…

…(as he then was) stated: - “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 to it by the rules.…

…In the circumstances of this case, where a regular judgment of the court was rendered after hearing some of the parties on the merits and demerits of the case, for the court to exercise its unfettered discretion of setting…

…Nyangau's persuasive skill to exercise my wide and unfettered discretion in favour of the applicant, who once he found out the true facts, moved this Court without undue delay.…

…submitted that though the court may deem it appropriate to strike out the further amended supporting affidavit, the amendments to the petition are valid, and for the sake of justice, the court should consider exercising its discretion…

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

…In these circumstances I have no alternative but to refuse to exercise my discretion. The application is dismissed with costs. Dated and delivered at Nairobi this 25th day of October, 1999. A.A. LAKHA .................…

…There is no material before me on which I can have my discretion to grant this application. The application was filed on 26th November, 1996 against a Ruling delivered on 25th March, 1996 about eight months later.…

…if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis upon which I can exercise my discretion…

…Thus, there is conferred upon the court unlimited discretion to extend time subject only to the requirement of justice. I will now attempt to apply this principle so far as this case is concerned.…

…The only issue for determination is whether the Applicants have demonstrated that they deserve the discretion of the court in setting aside the dismissal order. 9.   …

…I therefore find that the Applicants are not deserving of the discretion of the court. The Applicants’ application is dismissed with costs to the 1st Respondent. It is so ordered. ………………………………….. HON. E. O.…

…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…

…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…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…The circumstances under which a court can interfere with the discretion of the taxing master was aptly stated in the case of:- “Republic – Versus - Ministry of Agriculture & 20 Others Ex-Parte Muchiri W’ Njuguna [2006] eKLR…

…It is trite that the issue of costs is at the discretion of the Court. Costs mean the award that is granted to a party at the conclusion of a legal action or proceeding in any litigation.…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…