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…Moreover, according to him, having considered all the circumstances of the matter before him, he was unable to find any special circumstances or proper basis upon which he could have exercised his discretion in favour of…

…Opiyo for the respondent was that the single judge of this Court found no basis upon which to exercise his discretion in favour of the applicant.…

…Moreover, according to him, having considered all the circumstances of the matter before him, he was unable to find any special circumstances or proper basis upon which he could have exercised his discretion in favour of…

…Opiyo for the respondent was that the single judge of this Court found no basis upon which to exercise his discretion in favour of the applicant.…

…With regard to the specific exercise of discretion in relation to temporary injunction the tests laid down in the rule-making case of GIELLA v CASSMAN BROWN & CO.…

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

…With regard to the specific exercise of discretion in relation to temporary injunction the tests laid down in the rule-making case of GIELLA v CASSMAN BROWN & CO.…

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

…In exercise of my discretion therefore, I allow this application and extend the time for lodging a notice of appeal to Tuesday 30th April, 1996, and for filing the appeal by 10 days from the date of filing the notice of appeal…

…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…

…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…

…presenting his application for extension of time within which to lodge the Notice of Appeal and the record of appeal, in order to forestall any possible miscarriage of justice over the disputed land, I would exercise my discretion…

…Camman Brown (1973) E.A, 358 principles were satisfied and in our view the learned judge exercised his discretion to grant the injunction in question quite properly. Mr.…

…Consequently in exercise of the courts discretion and notwithstanding that the application the application which has no merit, I grant the injunction in terms of prayer No. 2 in the application until 30.11.96 on the following…