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…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…

…The plaintiff has appealed in the main on the grounds that the learned judge exercised this discretion wrongly in dismissing the plaintiff’s suit, and also in the holding that the court’s order of June 7 was mandatory.…

…Notwithstanding that, we agree that the learned judge exercised his discretion wrongly, as in this particular instance, not only the particulars had already been supplied when the order dismissing the plaintiff’s suit was…

…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…

…The healthy principle from the stated point of challenging the discretion of the prerogative of mercy as subject for judicial review is as stated by H. W. R. Wade & C. F.…

…unlawful action as a matter of right and to live under the rule of Law, not the rule of discretion.…

…defence and that if the defence had had the opportunity to lead medical evidence, the defence would have demonstrated that there were no chances of the mental illness recurring and therefore that the court could exercise its discretion…

…can never be a mathematical formula for the assessment of damages in these matters and the Courts have over the years recognized the position that assessment of such damages is essentially an exercise of the trial judge’s discretion…

…Dealing with counts of conspiracy raises problems which require discretion and complete understanding of the case in hand.…

…consider: did the Appellant provide a sufficient basis for the trial Court to make orders of Scrutiny and Recount "did the denial of an order for Scrutiny compromise the Appellant's case" should this case interfere with the discretion…

…(xi) THAT whereas this Honourable Court has discretion to allow the filing of further affidavits and admit new or additional evidence pursuant to Rule 15 (1) (h) of the Elections (Parliamentary and County Elections) Petitions…

…consider: did the Appellant provide a sufficient basis for the trial Court to make orders of Scrutiny and Recount "did the denial of an order for Scrutiny compromise the Appellant's case" should this case interfere with the discretion…

…(xi) THAT whereas this Honourable Court has discretion to allow the filing of further affidavits and admit new or additional evidence pursuant to Rule 15 (1) (h) of the Elections (Parliamentary and County Elections) Petitions…