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…The court has the discretion to extend time for filing an appeal, but the exercise of that discretion to extend time is not automatic. Sufficient cause must be shown, to warrant exercise of the discretion.…

…that they deserve it; the discretion would be exercised on a case to case basis; where delay is alleged to be reasonable, then the reasonableness of the delay must be explained; it ought to be demonstrated that the other…

…In my view the decision whether or not to enter a nolle prosequi is an exercise of discretion and ought to be exercised bona fide based on reasons.…

…The Court can only intervene in the following situations: (1) where there is an abuse of discretion; (2) where the decision-maker exercises discretion for an improper purpose; (3) where the decision-maker is in breach of…

…the discretion with respect to the application, and it is submitted that the applicant herein has not provided such material, particularly to demonstrate the circumstances of the delay.…

…The court has the discretion to extend time for filing an appeal, but the exercise of that discretion is not automatic. Sufficient cause must be shown, to warrant exercise of the discretion.…

…The court thus exercises a judicial discretion all the time having in mind what is just and fair in the case.…

…However, the facts and circumstances of each case must afford sufficient ground to enable the court concerned to exercise discretion for the reason that whenever the court exercises discretion, it has to be exercised judiciously…

…He noted that the application made was based on the court’s discretion and that the said discretion had to be exercised judiciously.…

…This appeal concerns the exercise of discretion by the Adjudicator.…

…This discretion must however be exercised judiciously on defined principles of law and in the interest of justice.…

…In the case of CMC Holdings Limited V Nzioki [204] eKLR 173 the court in addressing the factors which should guide the court in the exercise of its aforesaid discretion held thus; “…The discretion must be exercised judiciously…

…The discretion to decide what costs have been necessary or properly incurred is given to the Taxing Master; and not to the Court.” c.)…

…He does have discretion as to what he considers just but that discretion kicks in only after he has engaged with the proper basis as expressly and mandatorily provided: either the pleadings, the judgment or the settlement…

…It arises from a decision that the trial court exercised its discretion on.…

…unless the discretion has been exercised injudiciously or on wrong principles.…

…The Taxing Master cannot simply claim to have exercised her discretion in taxing Item 1 based on the direction of the Applicant.…

…This Court cannot interfere with the exercise of that discretion unless it is shown that the learned Judge acted on the wrong principles of Law." 28.…

…The Appellant was aggrieved by the refusal of the trial court to exercise its discretion in his favour and lodged the present appeal challenging the trial court’s exercise of judicial discretion. The Appeal 10.…

…Discretion must however be exercised judicially and only in the most deserving cases. In Smith vs.…

…The other issue is on whether the trial court should have exercised discretion to allow the appellant to defend the claim. The appellant acknowledged that he was served.…

…For discretion to be exercised in one’s favour it must be demonstrated that they deserve justice. Premium is paid to clean hands.…

…Even then a decision on setting aside an exparte judgment is entirely within the discretion of the presiding Court which discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that…

…There are no limits or restrictions of the judge’s discretion to set aside an ex-parte judgment except that if he does vary any judgment he does so on such terms as may be just.…

…In the article, The Discretion of the Judge, Royal Bank of Scotland Lecture, Oxford University delivered on 17th May 1990, published in [1990] Denning Law Journal 27 it is stated that: “...an issue falls within the discretion…

…He has no discretion in making his findings of fact. He has no discretion in his ruling on the law.…

…The standard applicable to this Court's review of the trial court's exercise of discretion; ii.…

…In Mbogo & Another v Shah [1968] EA, it was held that: “An appellate court will not interfere with the exercise of the trial court's discretion unless it is satisfied that the court in exercising its discretion misdirected…

…The standard applicable to this Court's review of the trial court's exercise of discretion; ii.…

…In Mbogo & Another v Shah [1968] EA, it was held that: “An appellate court will not interfere with the exercise of the trial court's discretion unless it is satisfied that the court in exercising its discretion misdirected…

…However, this discretion is tampered with by Order 42 Rule 6(2) which outlines the circumstances when discretion will not be exercised in favour of an applicant.…

…The discretion under Rule 5(2) (b) is at large, but as was pointed out in the Kenya Shell case substantial loss is the cornerstone of both jurisdictions.…

…Augustine Kubenda KAR 1036 where the court held:- “The discretion is in terms unconditional. The courts however, have laid down for themselves rules to guide them in the normal exercise of their discretion.…

…discretion by the lower court.…

…as follows: A review of exercise of discretion is not as a matter of course to be undertaken in all decisions taken by a limited bench of this Court.…

…Review of exercise of discretion is not a right; but an equitable remedy which calls for a basis to be laid by the applicant to the satisfaction of the Court; An application for review of exercise of discretion is not an…

…But does the court have any discretion in law? It is noticeable that the phrase “may not” is not confined to section 4 (4) of the Act only.…

…It is an erroneous construction of section 4 (4) of the Act or other sections in part II where the same phrase is used to say that the court has a discretion.…