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…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…

…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.…

…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…