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…There is no evidence of substantial loss in this application.Decision under 0.41 r.4 of Civil Procedure Rules isdiscretionary and as in acts of judicial discretion must beexercised in accordance with sound judicial principles…

…Mr Wasuna’s secondary submission is that even if there was proper service, there were sucient reasons why the ower courts should have exercised discretion in favour of the appellant.…

…The clause states, inter alia that the advance would be secured by a legal charge which would be prepared by the Society’s advocates embracing such terms and conditions “as the society in its absolute discretion shall think…

…1980 un-reported) that “the Court goes by the principle that such an ex-parte judgment having been entered neither upon merits of the case nor by consent of the parties is subject to the Court’s power of revocation at its discretion…

…the signature of the principal himself, 2. where the competency to do the act arises by virtue of the holding of some public oce or by virtue of some powers, authority, or duty of a personal nature and requiring skill or discretion…

…The plainti applied for judgment: “Held: A party could not do by an attorney an act which he was only competent to do by virtue of some duty of a personal nature requiring skill or discretion for the exercise…..…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…

…The court has a wide discretion as to how this should be done but the onus to do so must be on the party who puts forward the customary law.…

…The judge also thought that the principle of Islamic law involved was one over which the court had no discretion.…

…Whilst construing that section the learned Commissioner concluded that the discretion granted to a court under the said section 211 is tempered by words in sub-section 2 (b) thereof.…

…I have referred earlier to the wide discretion granted to a court under section 211 however that discretion is tempered by the words in sub-section 2 (b) namely that to wind up the company would unfairly prejudice that part…

…The Judge’s discretion to grant judgment on admissions of facts under the Order is to be exercised only in plain cases where the admissions of fact are so clear and unequivocal that they amount to an admission of liability…

…had expired in 1983, Stones Ltd had no beneficial interest in the area covered by that License which it could claim as having been improperly diverted to Rockland Kenya Ltd, and that since the Commissioner had unfettered discretion…

…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…

…There is no specific ground of appeal against this but we allowed Mr Ngatia to address us on the matter as we felt that the judge had wrongly exercised his discretion by ordering the appellants to pay the Mayor’s costs.…