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…23.The Court is being invited to exercise its discretion to set aside or vacate its orders made on 2nd July, 2015. I am aware that the discretion to set aside and or vacate Court orders should be exercised judicially.…

…That discretion must be exercised upon reasons and must be exercised judiciously.…

…Whether or not to grant an injunction is in the discretion of the court. The discretion is a free one but must be judicially exercised. It must be based on commonsense and legal principles.…

…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 is no material to make me exercise my discretion in favour of vacating the order made on 8th May 1990. I disallow the application. Costs to the respondent assessed at Kshs 800/=. Orders accordingly.…

…The granting of an injunction is exercise of the Court’s discretion.…

…But as it is settled that the discretion has to be exercised within the ambit of the principles which were enunciated in the case of Giella v Casman Bown & Co Ltd [1973] EA 358.…

…This court has an unfettered discretion to set aside or not the judgment on record. See Joseph Ngunje Waweru - vJoel Wilfred Ndiga (1982-88) 1 KAR 210. The defendant has annexed the intended defence.…

…In the circumstances therefore I decline to exercise my discretion under Section 3A Civil procedure Act (Cap 21) to set aside sale as I was requested. The result is that I dismiss application with costs.…

…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…

…Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…

…Consequently in exercise of the courts discretion and notwithstanding that the application the application which has no merit, I grant the injunction in terms of prayer No. 2 in the application until 30.11.96 on the following…

…That the plaint has not yet been served on the Defendant as provided by law and consequently the plaintiff can amend her plaint should she so wish at her sole discretion.…

…noted that the 3 grounds of objection made by Mr Ombaka in writing states the plaint has not been served on the Defendant as provided by law and consequently the Plaintiff can amend her plaint should she so wish at her sole discretion…

…Having found that the balance of convenience tilts in favour of the Respondent, I am not inclined to exercise my discretion in favour of the Applicant. I disallow the application and dismiss the same.…

…That the plaint has not yet been served on the Defendant as provided by law and consequently the plaintiff can amend her plaint should she so wish at her sole discretion.…

…noted that the 3 grounds of objection made by Mr Ombaka in writing states the plaint has not been served on the Defendant as provided by law and consequently the Plaintiff can amend her plaint should she so wish at her sole discretion…

…All the text books and leading authorities agree that a Court has discretion to grant an interlocutory restraining injunction restraining further publication of a libel where the defendant continues to publish the libelous…

…That is the moreso because if the court exercises its discretion under that order and rule the suit may be brought to an abrupt end and would thereby render the directions futile.…

…The conduct of the plaintiffs is also a relevant factor in the exercise of my discretion.…

…Lord Wilberforce in Calvin vs Carr (supra) said at letter C page 451: “That the court in exercise of its discretion when reviewing the domestic or statutory decision should take into account all the proceedings which led…

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

…clause 32 of the main contract the parties to the main contract are entitled to refer all matters arising out of the contract to arbitration which matters are said to include “any matter or thing left by this contract to the discretion…

…, in a way which offends or injures thousands of Her Majesty’s subjects, then any one of those offended or injured can draw it to the attention of the courts of law and seek to have the law enforced, and courts in their discretion…

…The discretion is quite wide. A careful reading of the rule reveals that the Court needs to consider each case on the basis of its peculiar facts.…