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…On the issue of interest, under section 26 of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) the court has discretion to award interest but such discretion is to be exercised judiciously bearing in mind established…

…He specifically pointed out that Section 6 (1) of the Arbitration Act gives the court discretion to order stay of proceedings where no sufficient reason is shown why such order should not be made.…

…This was not a proper case to exercise the court’s discretion in favour of the defendant.…

…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.…

…rehabilitation of offenders, which involves finding employment for them, it is unfortunate that there are two major misconceptions, which destroy any legal basis for the liberal approach, and leave it merely as a matter of policy or discretion…

…There is an area of discretion on each side of the line. If dismissal were imposed in cases of conviction, regulation 25 could come that much nearer to section 9(1) of the Act, (cap 64).…

…In the result and as the respondent has not appeared to defend the said application, I, in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging…

…The court should not readily treat a defect as fundamental and so a nullity, and should be anxious to bring the matter within the umbrella of Ord 70 when justice can be done as a matter of discretion, still bearing in mind…

…I am satisfied that there is enough material before me to enable me to exercise my discretion to allow the applications which are hereby allowed, with the result that the Notices of Appeal filed on 23rd May, 1997 are ordered…

…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.…

…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.…

…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.…

…Khaminwa took exception to the several errors made by counsel and argued that the applicant was not deserving of the exercise of this court's discretion, which discretion a single judge of this court has, subject only to…

…Under rule 4, above, the Court had the discretion to proceed to decide the suit, which it did. The Court having proceeded under that rule although it was not stated, the plaintiff had two options.…

…The applicant is not challenging the exercise of the Court’s discretion in refusing to grant an adjournment. In the foregoing circumstances I agree with Mr Kassim Shah that the application is incompetent.…

…To Mr Lakha therefore, the superior court in exercise of its discretion properly found that the matters raised in the appellants’ Originating Summons could not be appropriately dealt with by an ad hoc determination.…

…There is no discretion in the matter and whether or not the issues involved in such an application are intricate, there is no choice in the matter.…

…In view of the misdirections we are bound to interfere with the judge’s discretion. There remains, however, one further principal point relied on by the judge.…

…There is then the reference by Mr Khaminwa to section 66 of the Law of Succession Act, cap 160 which provides: “When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion…

…both the magistrate and learned judge, did not consider it’s merits and consequently, they failed to take into account matters they ought to have taken into account, which is an essential consideration in the exercise of a discretion…

…I would hold that, both courts below have, in the circumstances and on the facts of this case, exercised their discretion on wrong principles and as justice did not result from the exercise of the discretion, this court should…

…That failure disentitles an applicant to the exercise of the Court's discretion under rule 4 of the Rules. Accordingly the application to extend time is dismissed with costs.…

…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.…

…The first authority reaffirms the reluctance of this court to interfere with the exercise of the discretion of a single judge of this court where this appears not to have been done on improper grounds.…

…But be that as it may, and for the reasons and observations that I have made, I exercise my discretion under Rule 4 in favour of the Applicants and deem the notice of appeal described in the first order sought in the Applicants…

…from the Ruling of the High Court of Kenya at Nairobi (Justice Hayanga) dated 13th February, in CIVIL CASE NO. 973 OF 1995 (0.S) ************ RULING There is really no valid reason upon which I can refuse to exercise my discretion…

…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.…