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…It is firmly established that this Court will not interfere with the exercise of a discretion by a Judge unless it is satisfied that the Judge misdirected himself in some matter and as a result arrived at a wrong decision…

…, or unless it is manifest from the case as a whole that the Judge was clearly wrong in the exercise of his discretion and that as a result there has been misjustice -- See Mbogo & Another v Shah [1968] E.A. 93.…

…This court has an unfettered discretion to set aside or not the judgment on record. See Joseph Ngunje Waweru - vJoel Wilfred Ndiga (1982-88) 1 KAR 210. The defendant has annexed the intended defence.…

…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…

…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.…

…For the p urpose of this sub-rule, any decision extending or refusing to extend time for the lodging of a bill of costs or any exercise by the Registrar of the over -riding discretion given him by paragraph 12 of the Third…

…It is dated 14th March, 1998 to run for three months and renewable at the company’s 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…