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…This Court held that notwithstanding the trial judge’s wide discretion in the matter: “….it is impossible to ascertain the reasons which compelled the judge to award interest from the date of filing suit and this leads us…

…to the inevitable conclusion that the learned judge wrongly exercised his discretion” We have in the present appeal, an analogous situation where we cannot ascertain the reasons which compelled the learned judge, without…

…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.…

…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.…

…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…

…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.…