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…The Court of Appeal will not interfere with a discretionary decision of the judge appealed from simply on the ground that its members, if sitting at first instance, would or might have given different weight to that given…

…, albeit a discretionary one, is plainly wrong.…

…Ltd v East African Underwriters (Kenya) Ltd [1985] E.A 898, at pg. 908 where Madan J.A stated: - “The Court of Appeal will not interfere with a discretionary decision of the judge appealed from simply on the ground that its…

…the facts; thirdly, that he took account of considerations of which he should not have taken account; fourthly, that he failed to take account of considerations of which he should have taken account, or fifthly, that his decision…