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…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.…

…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…

…Mr Khaminwa also referred us to the ruling of Hancox JA in NAI 56/83 Githere v Kimungu in which the applicant sought the exercise of the court’s discretion to extend time to file both notices of appeal and for instituting…

…For the respondents it was urged that an appellate court should be slow to interfere with the exercise of discretion in an interlocutory order in rst instance.…

…It was submitted it could not be said that the Judge’s exercise of discretion is plainly wrong. Mr.…

…sued for the money unless he has agreed with the chargee with the chargee to pay the same; and (b)no action shall be commenced until a notice served in accordance with subsection(1) has expired; (ii)the court may, at its discretion…

…the signature of the principal himself, 2. where the competency to do the act arises by virtue of the holding of some public oce or by virtue of some powers, authority, or duty of a personal nature and requiring skill or discretion…

…The plainti applied for judgment: “Held: A party could not do by an attorney an act which he was only competent to do by virtue of some duty of a personal nature requiring skill or discretion for the exercise…..…