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…embarrassment to the court and the Respondents. iv) The application is meant to delay justice in the execution proceedings of the Judgment arising out of Kilgoris CM EL NO. 36 OF 2018 v) The Applicant is out to misuse the discretionary…

…powers of the court which should be used judiciously. vi) The Application has not met the threshold set out in order 42 rule 6 of the Civil Procedure Rules the suit filed on 2nd December 2024 is premature, apure fishing…

…I find the reasons given are not sufficient to enable this court exercise its discretionary powers to set aside the proceedings concluded in 2021 and the instant application filed in December 2023.”…

…It was submitted on behalf of the respondent that while the court may extend time under its discretionary powers under order 24 Rule 7(2) such extension is not automatic and must be based on sufficient cause being shown.…

…On behalf of the Appellant, it was submitted that the Appellant has not demonstrated the cardinal principle of the substantial loss he stands to suffer and that court ought not exercise discretionary powers without just cause…

…The law vests this court with discretionary powers to extend the period for seeking consent of the Land Control Board, where the court considers that there is sufficient reason to do so.…

…Citing the provisions of section 79G and 95 of the Civil Procedure Act on the discretionary powers donated to the court to extend time for appeals, it is submitted there is a lawful justification to explain what prevented…

…to delay the enjoyment of the fruits of the judgment delivered in Kilgoris CMELC No. 36 of 2018; No sufficient reasons have been given on the intention to file an appeal out of time; (ii) Hence applicant intends to abuse discretionary…

…powers.…

…The rationale behind the judicious exercise of discretionary powers was explained in Patriotic Guards Ltd. v James Kipchirchir Sambu [2018] eKLR where the court stated as follows: “It is settled law that whenever a court…

…Every case is to be decided on its own merit and this is the essence of inherent discretionary powers given to the court.…

…The question that then arises is whether this Court can exercise its discretionary powers provided under Order 45 of the Civil Procedure Rules, 2010 to review a Ruling made pursuant to the powers vested on the Deputy Registrar…

…Respondents, despite the Appellant''s partial success it was submitted that the trial magistrate''s decision to award costs and interest to the Respondents, notwithstanding the Appellant''s partial success, aligns with the discretionary…

…powers vested in the court under Section 27(1) of the Civil Procedure Act.…

…Learned Trial Magistrate erred in law and in fact by raising the bar of burden of proof from a balance of probability to beyond reasonable doubt. 6) That the Learned Trial Magistrate erred in law by failing to exercise its discretionary…

…powers under section 3A of the Civil Procedure Act to interrogate the facts leading the leading the surveyor’s findings and seeking another expert evidence to arrive at a just determination. 7) That the Learned Trial Magistrate…

…there was a formal application in the relevant prescribed statutory forms to lift the restriction and 3) Whether the Applicant is entitled to the orders sought. 55 It is submitted that the 2nd Defendant has been vested with discretionary…

…powers to register restriction under Section 76 of the Land Registration Act.…

…I have pointed out earlier that the learned Commissioner felt that the discretionary powers of a company court are tempered by words in subsection 2(b) of section 211 of the Act.…