Search court decisions

…He invites the Court to exercise its discretion and inherent power in his favour. 12.…

…, a successful applicant is obligated to adduce material upon which the Court should exercise its discretion, or in other words, the factual basis for the exercise of the Court’s discretion in their favor.…

…As this court was bound by the decisions of courts superior to it, its hands were tied regarding exercising its discretion to reduce the Applicant’s sentence.…

…This court was therefore persuaded that this was a suitable case for it to exercise its discretion and grant the orders sought.…

…; “The Court has discretion as to whether costs are payable by one party to another, the amount of those costs and when they are to be paid.…

…Where costs are in the discretion of the court, a party has no right to costs unless and until the court awards them to him, and the court has an absolute and unfettered discretion to award or not to award them.…

…The Advocate/Respondent opposes the instant  Reference, maintaining that the taxation was proper, lawful, and within the discretion of the Taxing Officer. 4.   …

…Further, the Client/ Applicant outlined the legal framework governing a court’s interference with a taxing officer’s discretion.…

…This application requires the exercise of judicial discretion, which must be done judiciously. In the case of Patel v. E.A.…

…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…

…That discretion will not be lightly set aside on appeal.…

…. ….in an application before a court to set aside ex parte judgment, the Court exercise its discretion allowing or rejecting the same. That discretion must be exercised upon reasons and must be exercised judiciously.…

…On the issue of discretion and the value of the property reliance is placed in the case of Joreth Ltd Vs Kigano & Associates (supra) where the court further stated that discretion could factor any direction by the trial judge…

…Although the taxing officer exercises unfettered judicial discretion in matters of taxation that discretion must be exercised judicially, not whimsically, iii.…

…He noted that judicial discretion is not to be interfered with unless it is manifest that it was exercised on the wrong principles.…

…Counsel cited various authorities to emphasize on the need not to interfere with judicial discretion.…

…In addition, this is an appeal challenging the exercise of discretion by the trial court.…

…It must be clear that this court would he cautious and slow to interfere with the discretion of the trial court but as it is in respect of the exercise of all discretions, the same must be exercised judiciously.…

…Makau held as follows:- “The circumstances under which a Judge of the High Court interferes with the taxing officer’s exercise of discretion are now well known.…

…which therefore, this court should uphold, the correct perception of the discretion donated by law, I believe, is that such a discretion is only duly exercised when it is guided by transparent, regular, reliable and just…

…bad faith, inept, lacks merit, an afterthought and otherwise amounts to an abuse of the court process aimed at delaying this matter. b) The application is intended to unjustifiably interfere with the lawful exercise of discretion…

…judiciously, the taxing officer taxed off item 2(getting up fees) in its entirety, demonstrating fairness and proper exercise of discretion and thus reducing the bill substantially. e) While the objection covers most of…

…They fall within their discretion and so the High Court upon a reference will be slow to interfere with them.…

…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.…

…From this provision it is evident that the issue of costs lies at the discretion of the trial court. 7.…

…However, the vital factor I setting the preference is the judiciously-exercised discretion of the Court, accommodating the special circumstances of the case, while being guided by ends of justice.…

…From this provision it is evident that the issue of costs lies at the discretion of the trial court. 7.…

…However, the vital factor I setting the preference is the judiciously-exercised discretion of the Court, accommodating the special circumstances of the case, while being guided by ends of justice.…

…The exercise of this discretion must, however, be informed by the circumstances of the case and the conduct of the parties. 6.…

…The judicial discretion to extend or re-issue expired summons has been affirmed by the courts in several decisions. In Trident Insurance Co.…

…An application under Rule 4 of the Rules seeks this Court’s exercise of its unfettered discretion. In SAMKEN LIMITED, ABERCROMBIE & KENT LIMITED VS.…

…Though the discretion is unfettered, like all judicial discretion, it must be exercised on reason, not caprice, and the exercise must not be arbitrary or oppressive.…

…not interfere unless the discretion has been exercised injudiciously or on wrong principles.…

…wrong in the exercise of his discretion and that as a result there has been mis-justice.”…

…that there is no prescribed definition of the ‘event’; it is left to the discretion of the Court to determine what the event is.…

…The Court further emphasized that while the discretion on costs is wide, it must be exercised judicially and on the basis of sound legal principles. 11.…

…Where costs are in the discretion of the court, a party has no right to costs unless and until the court awards them to him, and the court has an absolute and unfettered discretion to award or not to award them.…

…This discretion must be exercised judicially; it must not be exercised arbitrarily but in accordance with reason and justice. 14.…