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…discretion, a rather stronger case will have to be made out.…

…discretion, a stronger case is required.…

…The application concerned the exercise of judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Rules even though these provisions were not shown in the chamber summons application. 2.…

…This application thus concerns the exercise of my judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Code even though the same order and rules were not shown in the chamber summons filed by the applicant…

…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…

…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…

…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 are eight grounds of appeal, but the gravamen of the matter is that the learned Judge in the court below did not properly exercise his judicial discretion in the application and, consequently, arrived at a wrong decision…

…It is also trite that this court will not interfere with the exercise of judicial discretion in such cases unless the exercise was on wrong principle or the Judge acted perversely.…

…Though the discretion is unfettered, like all judicial discretion, it must be exercised on reason, not caprice, and the exercise must not be arbitrary or oppressive.…

…In the premises, I am satisfied that this is a fit and proper case for the exercise of judicial discretion in granting an injunction to the plaintiff.…

…The approval of the court was nothing but exercise of judicial discretion in the matter.…

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

…Considering the sentiments expressed by the Judge, it is impossible to eliminate completely the probability that his personal feelings in relation to those principles may have clouded the exercise by him of his judicial discretion…

…In any event, the grant of such an amendment is a matter of a judicial discretion not lightly to be interfered with.…

…He was of the view that that Judge had improperly exercised his judicial discretion in the matter with the result that the leave he had granted was inconsequential.…

…So to the extent that the trial Judge held that a Judge who hears an application under S.28, above, exercises judicial discretion, I am respectfully unable to share the same view.…

…Georgiadis argued that assessment of an award is a matter of judicial discretion which should not be interfered with unless it is wrong in principle.…

…And within that range, what is fair and reasonable to award in each individual case, is a matter for judicial discretion.…

…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…

…BETWEEN PITHON WAWERU MAINA.........................................APPELLANT AND THUKU MUGIRIA....................................................RESPONDENT JUDGMENT This is another case concerning the exercise of the judicial…

…discretion under order IXA, rules 10 and 11 and under order IXB rule 8 (which are in the same terms) of the Civil Procedure (Revised) Rules 1948, to set aside an ex parte judgment obtained in the absence of an appearance…

…This is a case where an offer of suitable undertakings was expected, and as none is made, the Court withholds the exercise of its judicial discretion in favour of the applicants.…

…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…