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…I am aware that under order 9A rule 10 and order 9B rule 8 the Court’s discretion to set aside a judgment entered ex parte is wide and unfettered but all the same that discretion must be exercised according to law in conformity…

…The principles upon which the Court exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all…

…It is therefore more than a reasonable possibility that if the judge had known of this letter he would have exercised his discretion under section 349 differently.…

…It is perfectly clear, as Mr Metho submitted before us, that an exercise of discretion upon incomplete or mistaken facts could amount to a matter of law upon which a party to an appeal from a subordinate court to the High…

…Whether or not to grant an injunction is in the discretion of the court. The discretion is a free one but must be judicially exercised. It must be based on commonsense and legal principles.…

…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.…

…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.…

…Moreover, whether or not to declare a debtor bankrupt is in the discretion of the court.…

…The fact that mandamus is neither a writ of course nor a writ of right but a matter of the discretion of court does not mean that natural justice may be breached.…

…A court exercises its discretion judicially, after hearing the relevant admissible evidence and deciding on merits. One of the purposes of an order of mandamus is to issue to the end that justice may be done.…

…sued for the money unless he has agreed with the chargee with the chargee to pay the same; and (b)no action shall be commenced until a notice served in accordance with subsection(1) has expired; (ii)the court may, at its discretion…

…I cannot use my discretion to grant the prayers sought. Even the balance of convenience militates against it. It may be that at the end of the day, the applicants plaintiff will win.…

…The evidence of DW 3 that it was solely on the discretion of the defendant as to who should have travelled in his vehicle is not credible as he had nothing to do with burial arrangements.…

…Moving on the question of forfeiture, counsel for the appellants submitted that the order for forfeiture of 90 bags of maize was uncalled for, and the discretion of the Court in so making the order was injudiciously exercised…

…extract a confession by unfair methods that court may properly criticize the conduct of such police officer; and may where the court is of the view that the voluntary nature of the confession is tainted thereby exercise its discretion…

…extract a confession by unfair methods that court may properly criticize the conduct of such police officer; and may where the court is of the view that the voluntary nature of the confession is tainted thereby exercise its discretion…