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…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…

…In the instant application the defendants have endeavoured to explain their counsel’s non-attendance and have advanced reasons why I should exercise my unfettered judicial discretion in favour of setting aside the order.…

…There are eight grounds of appeal, but the gravamen of the matter is that the learned Judge in the court below did not properly exercise his judicial discretion in the application and, consequently, arrived at a wrong decision…

…It is also trite that this court will not interfere with the exercise of judicial discretion in such cases unless the exercise was on wrong principle or the Judge acted perversely.…

…First, the trial magistrate failed to use his judicial discretion and in doing so he denied in returning the suit motor vehicle to the applicant pending the hearing and determination of the trial in the Chief Magistrate’s…

…Though the discretion is unfettered, like all judicial discretion, it must be exercised on reason, not caprice, and the exercise must not be arbitrary or oppressive.…

…In the premises, I am satisfied that this is a fit and proper case for the exercise of judicial discretion in granting an injunction to the plaintiff.…

…We think that the use of such strong language while trying to exercise a judicial discretion in a proper way is unwise, whilst applauding the thoughts which prompted that language.…

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

…Considering the sentiments expressed by the Judge, it is impossible to eliminate completely the probability that his personal feelings in relation to those principles may have clouded the exercise by him of his judicial discretion…

…In any event, the grant of such an amendment is a matter of a judicial discretion not lightly to be interfered with.…

…This was been clearly articulated in Pithon Waweru Maina vs Thuka Mugiria [1983] eKLR, Civil Appeal No 27 of 1982, where the Court held that; “The principles governing the exercise of judicial discretion to set aside an exparte…

…He was of the view that that Judge had improperly exercised his judicial discretion in the matter with the result that the leave he had granted was inconsequential.…

…So to the extent that the trial Judge held that a Judge who hears an application under S.28, above, exercises judicial discretion, I am respectfully unable to share the same view.…

…Georgiadis argued that assessment of an award is a matter of judicial discretion which should not be interfered with unless it is wrong in principle.…

…And within that range, what is fair and reasonable to award in each individual case, is a matter for judicial discretion.…

…BETWEEN PITHON WAWERU MAINA.........................................APPELLANT AND THUKU MUGIRIA....................................................RESPONDENT JUDGMENT This is another case concerning the exercise of the judicial…

…discretion under order IXA, rules 10 and 11 and under order IXB rule 8 (which are in the same terms) of the Civil Procedure (Revised) Rules 1948, to set aside an ex parte judgment obtained in the absence of an appearance…

…It is now trite law that granting or withholding an injunction, whether permanent or temporary, involves the exercise of judicial discretion which, although is wide, is exercised only on settled principles and “not according…