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…Since the grant of the injunction is discretionary this court would not normally interfere with the exercise of that discretion.…

…The circumstances in which this court will disturb the exercise of a discretion of a trial judge were stated by the Court of Appeal for East Africa, in the case of MBOGO –VSSHAH (1968) E.A. 93.…

…The point for decision in this appeal is whether the learned judge was right in refusing to exercise his discretion to allow the amendments sought.…

…I also agree with what Lord Griffths said in the Ketteman Case (supra) at page 62: "Whether an amendment should be granted is a matter for the discretion of the trial judge and he should be guided in the exercise of the discretion…

…This Court held that notwithstanding the trial judge’s wide discretion in the matter: “….it is impossible to ascertain the reasons which compelled the judge to award interest from the date of filing suit and this leads us…

…to the inevitable conclusion that the learned judge wrongly exercised his discretion” We have in the present appeal, an analogous situation where we cannot ascertain the reasons which compelled the learned judge, without…

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

…The circumstances in which this Court will disturb the exercise of a discretion of a trial judge were stated by Court of Appeal for East Africa in the case of Mbogo vs Shah [1968] EA 93.…

…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.…

…In the exercise of my discretion under rule 4 of the Rules of this Court, I therefore grant the applicant's application and order that the time for serving the applicant's Notice of Appeal be and is hereby extended to 4th…

…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…

…Delay, acquiescence, unclean hands and other matters that go to the exercise of an equitable discretion have to be considered if it is averred that the applicant is undeserving of equitable relief.…

…That is the moreso because if the court exercises its discretion under that order and rule the suit may be brought to an abrupt end and would thereby render the directions futile.…

…But we have a discretion to allow an appellant to take a new point on appeal if full justice can be done to the parties. (See’Tanganyika Farmers v Unyamwezi [1960] EA 620).…

…We exercised this discretion in favour of the appellants. 10.…

…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.…