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…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.…

…Thus, there is conferred upon the court unlimited discretion to extend time subject only to the requirement of justice. I will now attempt to apply this principle so far as this case is concerned.…

…He rejected the application but also said: “... if however there is evidence canvassed in the course of the trial in respect of the issue not pleaded the Court shall have the discretion to consider the same in the final judgment…

…Again, it was an error on his part having disallowed the application to amend the defence to hold that he still had a discretion to consider the issue in his final judgment.…

…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…

…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.…

…The discretion must be judicially exercised, and therefore there must be some grounds for its exercise, for a discretion exercised on no grounds cannot be judicial.”…

…So the principles regarding to the award of costs and the discretion to be exercised in doing so are in essence incorporated into the laws of Kenya.…

…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.…

…extend the time for filing the Notice of Appeal (as opposed to other more complicated steps), but in this case, mindful as I am of Mr Munikah’s plea regarding his clients being kept out of the land, I propose to exercise my discretion…

…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.…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…

…It is a matter for this court’s discretion according to the rule. It is exercised judicially and not in whimsical or arbitrary fashion.…

…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…

…It is a matter for this court’s discretion according to the rule. It is exercised judicially and not in whimsical or arbitrary fashion.…

…the absence of any rebuttal to the submission of counsel for the respondent in this regard, I think that the inadequacy of the material before me in support of the applicants' application restrains me from exercising my discretion…

…In anycase, if I come to the conclusion as I do, that I should exercise my unfettered discretion to extend time for the filing of the Notice of Appeal, I can grant time within which a fresh one should be filed.…