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…In any event, the grant of such an amendment is a matter of a judicial discretion not lightly to be interfered with.…

…The circumstances in which this Court will disturb the exercise of a discretion of a trial judge were stated by Court of Appeal for East Africa in the case of Mbogo vs Shah [1968] EA 93.…

…I have been addressed by both counsel as to why I should or should not exercise my discretion in favour of the applicant.…

…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…

…I have been addressed by both counsel as to why I should or should not exercise my discretion in favour of the applicant.…

…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…

…APPEAL NO. 97 OF 1988) ********************* RULING OF THE COURT This is a reference to full Court against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules…

…Njage, counsel for the applicant, asks us in this reference under rule 54(1) (b) to vary, discharge or reverse the decision of the single judge on the ground that, he, in the exercise of his discretion failed to take into…

…Moreover, according to him, having considered all the circumstances of the matter before him, he was unable to find any special circumstances or proper basis upon which he could have exercised his discretion in favour of…

…Opiyo for the respondent was that the single judge of this Court found no basis upon which to exercise his discretion in favour of the applicant.…

…It is therefore more than a reasonable possibility that if the judge had known of this letter he would have exercised his discretion under section 349 differently.…

…It is perfectly clear, as Mr Metho submitted before us, that an exercise of discretion upon incomplete or mistaken facts could amount to a matter of law upon which a party to an appeal from a subordinate court to the High…

…It is therefore more than a reasonable possibility that if the judge had known of this letter he would have exercised his discretion under section 349 differently.…

…It is perfectly clear, as Mr Metho submitted before us, that an exercise of discretion upon incomplete or mistaken facts could amount to a matter of law upon which a party to an appeal from a subordinate court to the High…

…It is firmly established that this Court will not interfere with the exercise of a discretion by a Judge unless it is satisfied that the Judge misdirected himself in some matter and as a result arrived at a wrong decision…

…, or unless it is manifest from the case as a whole that the Judge was clearly wrong in the exercise of his discretion and that as a result there has been misjustice -- See Mbogo & Another v Shah [1968] E.A. 93.…

…Moreover, according to him, having considered all the circumstances of the matter before him, he was unable to find any special circumstances or proper basis upon which he could have exercised his discretion in favour of…

…Opiyo for the respondent was that the single judge of this Court found no basis upon which to exercise his discretion in favour of the applicant.…

…Mr Justice J S Patel had failed to exercise his discretion judicially. Mr Waweru in urging Nduhius’s appeal had no more to add than the failure to draw and file the reply was not Nduhiu’s fault.…

…Now Mr Justice J S Patel had a very wide discretion to exercise under the relevant order and rule and there were no limits and restrictions on the discretion of the learned judge except that if the judgment was varied it…

…In these circumstances, I am of the view that there is no material before me on which I can base myself to grant an extension of time, howsoever wide and unfettered the discretion is under rule 4 of the Rules.…

…I must decline to exercise my discretion. Accordingly, the application fails and is dismissed with costs. Dated and delivered at Nairobi this 1st day of November, 1999. A.A. LAKHA ..................…

…The plaintiff has appealed in the main on the grounds that the learned judge exercised this discretion wrongly in dismissing the plaintiff’s suit, and also in the holding that the court’s order of June 7 was mandatory.…

…Notwithstanding that, we agree that the learned judge exercised his discretion wrongly, as in this particular instance, not only the particulars had already been supplied when the order dismissing the plaintiff’s suit was…

…The Court in considering the application, exercises unfettered discretion. But like all such discretions, the Court must exercise the discretion judicially and not upon its own whims or capriciously.…

…In order to ensure that the discretion is exercised judicially, there are certain well settled principles that through many decided cases, have been accepted as guidelines to be followed by the courts.…

…He specifically pointed out that Section 6 (1) of the Arbitration Act gives the court discretion to order stay of proceedings where no sufficient reason is shown why such order should not be made.…

…This was not a proper case to exercise the court’s discretion in favour of the defendant.…

…rehabilitation of offenders, which involves finding employment for them, it is unfortunate that there are two major misconceptions, which destroy any legal basis for the liberal approach, and leave it merely as a matter of policy or discretion…

…There is an area of discretion on each side of the line. If dismissal were imposed in cases of conviction, regulation 25 could come that much nearer to section 9(1) of the Act, (cap 64).…

…At page 245 of the MWEU case Trevelyan J states: "I recognize that I have no discretion in the matter one way or the other.…

…It is not a matter of discretion. Once the evidence satisfied the statute, the judge must grant leave. But it must be remembered it is ex-parte.…

…With regard to the specific exercise of discretion in relation to temporary injunction the tests laid down in the rule-making case of GIELLA v CASSMAN BROWN & CO.…

…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…

…With regard to the specific exercise of discretion in relation to temporary injunction the tests laid down in the rule-making case of GIELLA v CASSMAN BROWN & CO.…

…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…

…The court should not readily treat a defect as fundamental and so a nullity, and should be anxious to bring the matter within the umbrella of Ord 70 when justice can be done as a matter of discretion, still bearing in mind…

…I am satisfied that there is enough material before me to enable me to exercise my discretion to allow the applications which are hereby allowed, with the result that the Notices of Appeal filed on 23rd May, 1997 are ordered…