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…As earlier indicated, the Court below, in exercise of its discretion, chose not to grant a stay of proceedings.…

…If this Court were to issue an order staying proceedings, it would, in essence, be interfering with the said Court's exercise of its discretion.…

…The Supreme Court set forth guiding principles applicable in the exercise of that discretion in the case of Jasbir Singh Rai & 3 others v.…

…However, the vital factor in 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.…

…On exercise of discretion by courts, the court of appeal in the case of Shah vs Mbogo [1967] EA 166 stated:- “. . .this discretion to set aside an exparte judgment is intended to be exercised to avoid injustice or hardship…

…The main concern of the court is to do justice to the parties and the court will not impose conditions on itself to fetter the wide discretion given it by the rules.” 8.…

…setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial discretion…

…can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously and…

…Section 27 of the Civil Procedure Act provides that the award of costs are at the discretion of the court. However, that discretion must be exercised judicially and not arbitrarily. 12.…

…My take is that the blanket cap imposed without legal basis constitutes an arbitrary exercise of discretion and amounts to an error in principle. 15.…

…The court retains discretion to allow the reopening of a case. However, this discretion must be exercised judiciously.…

…Judicious, because the discretion to be exercised is judicial power derived from the law and as opposed to a judge’s private affection or will.…

…The court in R v Manyasi & Another (2014) eKLR which emphasizes the discretion of the court to set aside such orders based on principles of justice, inadvertence and delay.…

…Similarly, in R vs Juma & Others (2013) eKLR which highlights the importance of proper service and the need o exercise discretion judicially. 5.…

…The extension of time to file an appeal is not an automatic right but an equitable remedy that is only available to a deserving party at the Court's discretion.…

…When exercising this discretion, the Court considers various factors, as demonstrated in Paul Wanjohi Methane v Duncan Gichane Mathenge [2013] eKLR, where the Court stated that the discretion is unfettered: “, but it has…

…The applicant seeks to have the sentencing discretion of the trial court reconsidered. The law is that the court can only interfere with sentencing discretion under strict circumstances.…

…, as a principle this Court will normally not interfere with exercise of discretion by the court appealed from unless it is demonstrated that the court acted on wrong principle; ignored material factors; took into account…

…The principles that guide an appellate court while considering an appeal against an order made in exercise of discretion are settled.…

…When considering an application for setting aside, the court exercises discretion pursuant to the principles laid down in Mbogoh & Another v.…

…I find that the claimant has not raised any plausible reasons that would warrant the court to exercise its discretion in favour of the claimant. 4.…

…In an appeal against the exercise of discretion by the trial court, the appellate court will not interfere with the decision of the trial court unless it is satisfied that the judge in exercising his discretion has misdirected…

…THAT the learned Magistrate erred in law and in fact in not exercising her discretion judiciously. 3. The appellant prayed that the appeal be allowed with costs and the liability be wholly apportioned to the Respondent.…

…My finding is that the trial court considered the submissions filed by the Appellant when it arrived at the decision to apportion liability, and exercised its discretion and it cannot be faulted.…

…However, the sentence provided is a minimum sentence which the court could not go below and exercise discretion. Section 11 of the Sexual Offences Act Section 11 of the Sexual Offences Act states: 11.…

…However, the mandatory nature of the sentence under the Sexual offences Act together with the gravity of the offences listed therein limits discretion to custodial sentences.…

…Applicant’s submissions The Applicant submitted that this court has a wide discretion to set aside a default judgment.…

…Discretion would have arisen if service was proper and there had been for example delay in entering appearance.…

…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 points made there are that the extension of time is not a matter of right, for it is an equitable remedy, available only to a deserving party; a party seeking exercise of the discretion in its favour must endeavour to…

…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 points made there are that the extension of time is not a matter of right, for it is an equitable remedy, available only to a deserving party; a party seeking exercise of the discretion in its favour must endeavour to…

…Compensatory damages are awarded to a wronged party in exercise of the court’s discretion.…

…It is trite law that an appellate court should not interfere with the exercise of the discretion of a judge unless satisfied that the judge in exercising his discretion has misdirected himself and has been clearly wrong in…

…The crux of the appeal is whether the court below properly exercised its discretion in dismissing the application dated 22nd October 2024, or if this court should interfere with its discretion. 17.…

…Since the impugned decision was made in the exercise of judicial discretion, I will first determine whether this Court may interfere with the discretion of an inferior Court.…

…The Applicant argued that the provision is couched in mandatory terms and the taxing officer had no discretion to apply any other schedule.…

…Interference with Taxing Officer’s Discretion 27.…