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…It is quite clear that the earlier decision on bail must be taken as a starting point, and any discretion exercised to grant bail must be based on the new matter presented before the court. 2.…

…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…

…Under rule 4, above, the Court had the discretion to proceed to decide the suit, which it did. The Court having proceeded under that rule although it was not stated, the plaintiff had two options.…

…The applicant is not challenging the exercise of the Court’s discretion in refusing to grant an adjournment. In the foregoing circumstances I agree with Mr Kassim Shah that the application is incompetent.…

…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…

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

…See Winn LJ in Brown Shipley & Co Ltd v Alicia Hosiery Ltd [1966] 1 Lloyd’s Rep 668, 669, Lord Denning MR held, however, that a court could, in its discretion, hold up payment due on the bill, but only in exceptional circumstances…

…The learned judge in the circumstances properly exercised his discretion in giving judgment for the plaintiff as prayed in the plaint There no merit in this appeal and I would dismiss it with costs.…

…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.…

…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.…