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…Platt J exercising the discretion of the court, refused to stay the proceedings. Hence this appeal.…

…EXERCISE OF DISCRETION Is of daily occurrence in the courts. The principles upon which the exercise of the court’s discretion should take place have been repeatedly stated; nevertheless mishaps continue to occur.…

…Before us, the applicant complains that the learned judge was wrong in the manner in which he exercised his discretion but in our view the application before the judge and the one before us are frivolous.…

…The learned judge was not obliged to consider any other grounds the applicant may have had for seeking exercise of that court's discretion when he came to the view that the applicant was less than candid.…

…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…

…He accordingly exercised his discretion under section 3A in the Civil Procedure Act.…

…We were pressed to consider whether the judge has arrived at such a wrong decision that this court should upset the exercise of the unfettered discretion of the judge.…

…Plainly, the judge misapprehended sub-rule (2) of the rule 10 in the exercise of his discretion and as a result reached a wrong conclusion.…

…Since the grant of the injunction is discretionary this court would not normally interfere with the exercise of that discretion.…

…The circumstances in which this court will disturb the exercise of a discretion of a trial judge were stated by the Court of Appeal for East Africa, in the case of MBOGO –VSSHAH (1968) E.A. 93.…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…

…I now turn to consider whether I should exercise my discretion, under rule 4 of the Rules, to grant the application.…

…The starting point is, as it must be, rule 4 itself which confers the widest measure of discretion and makes no distinction between the various classes of cases.But like all discretion, it must be exercised judicially.…

…Mwamu, for the respondent, is whether a mistake of law by counsel can amount to such a mistake as would entitle the Court to exercise its unfettered discretion under rule 4 and extend time on behalf of an applicant such as…

…, this statement is to be found at page 94: “the mistake or misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under Order IX rule 20 ….. the discretion…

…The point for decision in this appeal is whether the learned judge was right in refusing to exercise his discretion to allow the amendments sought.…

…I also agree with what Lord Griffths said in the Ketteman Case (supra) at page 62: "Whether an amendment should be granted is a matter for the discretion of the trial judge and he should be guided in the exercise of the discretion…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…

…However, the Attorney General’s discretion to terminate proceedings is constitutional.…

…But it has to be remembered that the Attorney – General’s discretion is constitutional one.…

…It is quite clear that the earlier decision on bail must be taken as a starting point, and any discretion exercised to grant bail must be based on the new matter presented before the court. 2.…

…The High Court does so exercising its own discretion and there is no provision whatever for appeal of any kind either to another judge or to the Court of Appeal.…

…It is evident from the reading of this provision that the Court enjoys a wide measure of discretion on the question of interest.…

…The only ground argued in this appeal is an objection to the learned trial judge’s exercise of discretion in awarding interest on the decretal amount.…

…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.…

…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.…