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…Nyangau's persuasive skill to exercise my wide and unfettered discretion in favour of the applicant, who once he found out the true facts, moved this Court without undue delay.…

…In view of the misdirections we are bound to interfere with the judge’s discretion. There remains, however, one further principal point relied on by the judge.…

…There is then the reference by Mr Khaminwa to section 66 of the Law of Succession Act, cap 160 which provides: “When a deceased has died intestate, the court shall, save as otherwise expressly provided, have a final discretion…

…both the magistrate and learned judge, did not consider it’s merits and consequently, they failed to take into account matters they ought to have taken into account, which is an essential consideration in the exercise of a discretion…

…I would hold that, both courts below have, in the circumstances and on the facts of this case, exercised their discretion on wrong principles and as justice did not result from the exercise of the discretion, this court should…

…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.…

…if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis upon which I can exercise my discretion…

…Khaminwa took exception to the several errors made by counsel and argued that the applicant was not deserving of the exercise of this court's discretion, which discretion a single judge of this court has, subject only to…

…In the result and as the respondent has not appeared to defend the said application, I, in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging…

…In exercise of my discretion therefore, I allow this application and extend the time for lodging a notice of appeal to Tuesday 30th April, 1996, and for filing the appeal by 10 days from the date of filing the notice of appeal…

…That failure disentitles an applicant to the exercise of the Court's discretion under rule 4 of the Rules. Accordingly the application to extend time is dismissed with costs.…

…Thus, there is conferred upon the court unlimited discretion to extend time subject only to the requirement of justice. I will now attempt to apply this principle so far as this case is concerned.…

…He rejected the application but also said: “... if however there is evidence canvassed in the course of the trial in respect of the issue not pleaded the Court shall have the discretion to consider the same in the final judgment…

…Again, it was an error on his part having disallowed the application to amend the defence to hold that he still had a discretion to consider the issue in his final judgment.…

…The first authority reaffirms the reluctance of this court to interfere with the exercise of the discretion of a single judge of this court where this appears not to have been done on improper grounds.…

…But be that as it may, and for the reasons and observations that I have made, I exercise my discretion under Rule 4 in favour of the Applicants and deem the notice of appeal described in the first order sought in the Applicants…

…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…

…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…

…The discretion must be judicially exercised, and therefore there must be some grounds for its exercise, for a discretion exercised on no grounds cannot be judicial.”…

…So the principles regarding to the award of costs and the discretion to be exercised in doing so are in essence incorporated into the laws of Kenya.…

…from the Ruling of the High Court of Kenya at Nairobi (Justice Hayanga) dated 13th February, in CIVIL CASE NO. 973 OF 1995 (0.S) ************ RULING There is really no valid reason upon which I can refuse to exercise my discretion…

…extend the time for filing the Notice of Appeal (as opposed to other more complicated steps), but in this case, mindful as I am of Mr Munikah’s plea regarding his clients being kept out of the land, I propose to exercise my discretion…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…