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…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…

…It is firmly established that this Court will not interfere with the exercise of a discretion by a Judge unless it is satisfied that the Judge misdirected himself in some matter and as a result arrived at a wrong decision…

…, or unless it is manifest from the case as a whole that the Judge was clearly wrong in the exercise of his discretion and that as a result there has been misjustice -- See Mbogo & Another v Shah [1968] E.A. 93.…

…Moreover, according to him, having considered all the circumstances of the matter before him, he was unable to find any special circumstances or proper basis upon which he could have exercised his discretion in favour of…

…Opiyo for the respondent was that the single judge of this Court found no basis upon which to exercise his discretion in favour of the applicant.…

…In these circumstances, I am of the view that there is no material before me on which I can base myself to grant an extension of time, howsoever wide and unfettered the discretion is under rule 4 of the Rules.…

…I must decline to exercise my discretion. Accordingly, the application fails and is dismissed with costs. Dated and delivered at Nairobi this 1st day of November, 1999. A.A. LAKHA ..................…

…In any event, the grant of such an amendment is a matter of a judicial discretion not lightly to be interfered with.…

…The circumstances in which this Court will disturb the exercise of a discretion of a trial judge were stated by Court of Appeal for East Africa in the case of Mbogo vs Shah [1968] EA 93.…

…Moreover, according to him, having considered all the circumstances of the matter before him, he was unable to find any special circumstances or proper basis upon which he could have exercised his discretion in favour of…

…Opiyo for the respondent was that the single judge of this Court found no basis upon which to exercise his discretion in favour of the applicant.…

…It is therefore more than a reasonable possibility that if the judge had known of this letter he would have exercised his discretion under section 349 differently.…

…It is perfectly clear, as Mr Metho submitted before us, that an exercise of discretion upon incomplete or mistaken facts could amount to a matter of law upon which a party to an appeal from a subordinate court to the High…

…Whether or not to grant an injunction is in the discretion of the court. The discretion is a free one but must be judicially exercised. It must be based on commonsense and legal principles.…

…With regard to the specific exercise of discretion in relation to temporary injunction the tests laid down in the rule-making case of GIELLA v CASSMAN BROWN & CO.…

…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…

…With regard to the specific exercise of discretion in relation to temporary injunction the tests laid down in the rule-making case of GIELLA v CASSMAN BROWN & CO.…

…We are satisfied that the learned judge correctly exercise his judicial discretion in refusing to grant the injunction sought.…

…The Court in considering the application, exercises unfettered discretion. But like all such discretions, the Court must exercise the discretion judicially and not upon its own whims or capriciously.…

…In order to ensure that the discretion is exercised judicially, there are certain well settled principles that through many decided cases, have been accepted as guidelines to be followed by the courts.…

…To turn now to the question of sentence, we recognize that the issue of sentencing is the trial court’s discretion.…

…“An appellate court should not interfere with the discretion exercised by a trial Judge in matters of sentence unless it is evident that he has acted upon some wrong principle or overlooked some material factor” R v Mohamendali…

…In these circumstances I have no alternative but to refuse to exercise my discretion. The application is dismissed with costs. Dated and delivered at Nairobi this 25th day of October, 1999. A.A. LAKHA .................…

…At page 245 of the MWEU case Trevelyan J states: "I recognize that I have no discretion in the matter one way or the other.…

…It is not a matter of discretion. Once the evidence satisfied the statute, the judge must grant leave. But it must be remembered it is ex-parte.…

…He specifically pointed out that Section 6 (1) of the Arbitration Act gives the court discretion to order stay of proceedings where no sufficient reason is shown why such order should not be made.…

…This was not a proper case to exercise the court’s discretion in favour of the defendant.…

…As the appellant had clearly explained how he acquired and assembled the parts of his vehicle, this was a matter which at best could have been left to the discretion of the Registrar of Motor Vehicles asto how best he could…

…I would vary the order made by the learned trial magistrate concerning the 1st registration of the appellant’s vehicle and instead, leave it to his discretion to see how best he could register separately the two vehicles…

…In the instant application the defendants have endeavoured to explain their counsel’s non-attendance and have advanced reasons why I should exercise my unfettered judicial discretion in favour of setting aside the order.…

…There is no material to make me exercise my discretion in favour of vacating the order made on 8th May 1990. I disallow the application. Costs to the respondent assessed at Kshs 800/=. Orders accordingly.…

…if the explanation were true it would only show negligence on the part of counsel and that the applicant has remedy against counsel for such negligence I do not think that is a proper basis upon which I can exercise my discretion…

…In the result and as the respondent has not appeared to defend the said application, I, in the exercise of my discretion under rule 4 of the Court of Appeal Rules grant the applicant's application so that the time for lodging…