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…It cannot properly be raised where a fact has to be ascertained or where the Court is called upon to exercise judicial discretion. 16.…

…It does not require the Court to receive evidence, resolve a dispute of fact or exercise judicial discretion.…

…I will first deal with the issue of whether the trial court had pecuniary jurisdiction to hear and determine the matter, and thereafter proceed to consider whether the trial magistrate properly exercised judicial discretion…

…Whether the trial magistrate properly exercised judicial discretion in granting the interlocutory injunction 35.…

…discretion, like any other judicial discretion must on (sic) fixed principles and not on private opinions, sentiments and sympathy or benevolence but deservedly and not arbitrarily, whimsically or capriciously.…

…The Court’s discretion being judicial must therefore be exercised on the basis of evidence and sound legal principles, with the burden of disclosing the material falling squarely on the supplicant for such orders.”…

…It cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.…

…discretion and therefore the contention that the suit is an abuse of the process of the Court for the reason that the defendant’s costs in an earlier suit have not been paid is not a true point of preliminary objection because…

…The Court stated: - “The learned judge like the taxing officer was exercising judicial discretion when he allowed the reference.…

…It is not a wild and unaccountable discretion, however, because it is at its core and by definition a judicial discretion to be exercised, not capriciously at a whim, but on settled principles.…

…But this is a judicial discretion and must be exercised upon grounds on which a reasonable man could come to the conclusion arrived at.…

…Dawda [1949] EACA 35 it was held, “It is well established that when the decision of such a matter as the right of a successful litigant to recover his costs is left to the discretion of the Judge who tried his case, that discretion…

…It is settled law that where a written judgment contradicts the oral pronouncement made in open court, such a discrepancy constitutes a factual error rather than a matter of judicial discretion.…

…The Learned Judge was clear that: “As I understand the law, whether or not to grant a stay of proceedings or further proceedings on a decree or order appealed from is a matter of judicial discretion to be exercised in the…

…Such discretion is unlimited save that by virtue of its character as a judicial discretion it should be exercised rationally and not capriciously or whimsically.…

…Peter Gichuki King'ara Vs Iebc & 2 Others, Nyeri Civil Appeal No. 31 Of 2013, (Court of Appeal) (Visram, Koome & Odek, JJA) Of 13.02.2014, where the court of appeal stated as follows: - “It is trite law that the exercise of judicial…

…discretion is a point of law and that the trial court in denying a prayer of scrutiny is exercising judicial discretion.…

…Extension of time is not a right but a matter of judicial discretion. ii. The applicant must provide a plausible explanation for the delay. iii.…

…It cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.” 18.…

…It cannot be raised if any fact had to be ascertained or if what is sought is the exercise of judicial discretion.” 19.…

…It cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.” 18.…

…It cannot be raised if any fact had to be ascertained or if what is sought is the exercise of judicial discretion.” 19.…

…[It] cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion." 5.…

…The Court is satisfied that the Applicant has brought itself within the parameters of section 888 of the Companies Act and that this is an appropriate case for the exercise of judicial discretion in its favour. 18.…

…An interlocutory injunction is an equitable remedy granted in the exercise of judicial discretion.…

…It argues that the award of interest is a matter of judicial discretion under Section 26(1) of the Civil Procedure Act.…

…To mitigate harsh outcomes arising from genuine delays, the legislature enacted Section 888 of the Companies Act, 2015, which grants this Court judicial discretion to rectify the register of charges.…

…The Respondent relied on Section 27 of the Civil Procedure Act, which grants courts discretionary power in awarding costs, provided that such discretion is exercised judicially. 15.…

…It is a matter of judicial discretion, to be exercised based on reason, justice, and fairness. In Party of Independent Candidates of Kenya v.…

…The Respondent further argued that the learned magistrate’s failure to award the claim for surcharge was in the exercise of the court’s judicial discretion which should not be readily interfered with by this court.…

…It is trite law that the award of damages is a judicial discretion and that an appellate court can only interfere with in very limited circumstances. In the case of Gitobu Imanyara & 2 Others vs.…

…They relied on the principle in Shah v Mbogo (1967) EA 116, stating that judicial discretion should not assist a party who has deliberately sought to delay the cause of justice. 11.…