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…In these circumstances I have no alternative but to refuse to exercise my discretion. The application is dismissed with costs. Dated and delivered at Nairobi this 25th day of October, 1999. A.A. LAKHA .................…

…There is no material before me on which I can have my discretion to grant this application. The application was filed on 26th November, 1996 against a Ruling delivered on 25th March, 1996 about eight months later.…

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

…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.…

…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.…