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…This was a matter within the discretion of the Judge and unless we feel that he had gone completely overboard, we would not substitute his discretion with ours even if we felt we could have reached a different decision.…

…his discretion in the appellant’s favour.…

…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…

…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…

…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…

…So if not for any other reason, I would have dismissed this application because I am not at all satisfied that applicant has been diligent enough to be entitled to my unfettered discretion to extend the time for lodging the…

…So if not for any other reason, I would have dismissed this application because I am not at all satisfied that applicant has been diligent enough to be entitled to my unfettered discretion to extend the time for lodging the…

…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.…