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…Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give the court a discretion…

…The grounds on which the learned judge might, in his discretion, have set aside the award not emerge. In our judgment he was right to dismiss the application and this appeal should also be dismissed.…

…The learned judge erred in law and failed to exercise his discretion in the appellant’s favour. 2. The learned judge erred in law in failing to consider the circumstances surrounding the delay in filing suit.…

…In ground one of the Memorandum of Appeal, the appellant complained that the learned judge erred in failing to exercise his discretion in the appellant’s favour.…

…Georgiadis argued that assessment of an award is a matter of judicial discretion which should not be interfered with unless it is wrong in principle.…

…Though the award of interest is at the discretion of the Court, Mr.. Geogiadis conceded to this ground straight away which saved Mr.. Inamdar submitting on it.…

…Counsel pointed out that after the delivery of the judgment the subjectmatter of this appeal, the rules were amended in January1983, that no application was made to the trial judge for the exercise of his discretion, no leave…

…Furthermore, if the petitioner does not duly advertise the petition in the manner prescribed by rule 23, a judge or the registrar has discretion to direct otherwise.…

…can never be a mathematical formula for the assessment of damages in these matters and the Courts have over the years recognized the position that assessment of such damages is essentially an exercise of the trial judge’s discretion…

…This to my mind is not a good enough reason to warrant exercising my discretion in his favour.…

…Dealing with counts of conspiracy raises problems which require discretion and complete understanding of the case in hand.…

…disqualify themselves from hearing this appeal on grounds that: (i) This is the Highest Court in Kenya and there is no further Appeal and the said 2 Honourable Judges having been part of a Bench, which previously exercised its discretion…

…Certainly the cases show that the discretion must be exercised sparingly. The evidence must all be on the record and the new point must not raise disputes of fact.…

…There remains, however, even, if this practice is preached, as with other rules of practice, the discretion vested in the trial judge whether or not to admit the confession.…

…It is not improper to file an inforation containing two or more counts of murder, and it is within the discretion of the court to allow or disallow this.…

…And it followed, he continued, that he had no jurisdiction to exercise his discretion under “the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process…

…the signature of the principal himself, 2. where the competency to do the act arises by virtue of the holding of some public oce or by virtue of some powers, authority, or duty of a personal nature and requiring skill or discretion…

…The plainti applied for judgment: “Held: A party could not do by an attorney an act which he was only competent to do by virtue of some duty of a personal nature requiring skill or discretion for the exercise…..…

…Mr Wasuna’s secondary submission is that even if there was proper service, there were sucient reasons why the ower courts should have exercised discretion in favour of the appellant.…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…

…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.…

…Whilst construing that section the learned Commissioner concluded that the discretion granted to a court under the said section 211 is tempered by words in sub-section 2 (b) thereof.…

…I have referred earlier to the wide discretion granted to a court under section 211 however that discretion is tempered by the words in sub-section 2 (b) namely that to wind up the company would unfairly prejudice that part…

…had expired in 1983, Stones Ltd had no beneficial interest in the area covered by that License which it could claim as having been improperly diverted to Rockland Kenya Ltd, and that since the Commissioner had unfettered discretion…

…It is now trite law that granting or withholding an injunction, whether permanent or temporary, involves the exercise of judicial discretion which, although is wide, is exercised only on settled principles and “not according…

…There is no specific ground of appeal against this but we allowed Mr Ngatia to address us on the matter as we felt that the judge had wrongly exercised his discretion by ordering the appellants to pay the Mayor’s costs.…