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…The court has a wide discretion in this matter.…

…But this discretion, howsoever wide it may be, is a discretion to be exercised judicially having regard to the particular circumstances of each case.…

…We are of course aware that we ought not to interfere with the exercise of discretion by a judge or substitute our own discretion instead.…

…We have to be careful when differing with a judge who has exercised his undoubted discretion not to set aside an ex-parte judgment.…

…APPEAL NO. 97 OF 1988) ********************* RULING OF THE COURT This is a reference to full Court against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules…

…Njage, counsel for the applicant, asks us in this reference under rule 54(1) (b) to vary, discharge or reverse the decision of the single judge on the ground that, he, in the exercise of his discretion failed to take into…

…At page 245 of the MWEU case Trevelyan J states: "I recognize that I have no discretion in the matter one way or the other.…

…It is not a matter of discretion. Once the evidence satisfied the statute, the judge must grant leave. But it must be remembered it is ex-parte.…

…The court should not readily treat a defect as fundamental and so a nullity, and should be anxious to bring the matter within the umbrella of Ord 70 when justice can be done as a matter of discretion, still bearing in mind…

…I am satisfied that there is enough material before me to enable me to exercise my discretion to allow the applications which are hereby allowed, with the result that the Notices of Appeal filed on 23rd May, 1997 are ordered…

…Khaminwa took exception to the several errors made by counsel and argued that the applicant was not deserving of the exercise of this court's discretion, which discretion a single judge of this court has, subject only to…

…There is no material before me on which I can have my discretion to grant this application. The application was filed on 26th November, 1996 against a Ruling delivered on 25th March, 1996 about eight months later.…

…Moreover, there existed adequate powers under the Rules to extend time appropriately in the discretion of the court.…

…I agree that failure to comply with the said rules is not fatal unless accompanied by some irremediable injustice which so far has not been shown in order that my discretion to set aside or review the order complained of…

…for it was not copied to the respondent, I would say that, that by itself, if I had not found that there had been inordinate delay on the part of the applicants, would not have prevented me from exercising my unfettered discretion…

…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.…

…K'owade's very persuasive submissions in opposition to the application, I am satisfied that this is a case in which in the exercise of my discretion judicially I should grant the application.…

…The delay resulting in the failure to file the appeal within the prescribed period has not been satisfactorily explained and that being my thinking on the matter I refuse to exercise my discretion under Rule 4 and order that…

…Considering all these matters I exercise my undoubted discretion to enlarge the time for filing the notice of appeal by ordering that the notice of appeal filed on 20th March, 1997 be deemed to be filed in time, as now extended…

…Ms Karua urged me to use my discretion and award reasonable costs and on all other items she agreed that I may use the scales. I have read the notes of proceedings before the Court including judgments of the three Hon.…

…So if not for any other reason, I would have dismissed this application because I am not at all satisfied that applicant has been diligent enough to be entitled to my unfettered discretion to extend the time for lodging the…

…I have the discretion under Rule 5 (3) to direct in a deserving case that conditional attachment of the property be made.…