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…to determine by whom and to what extent such costs are to be paid; of course, like all judicial discretions, the discretion on costs must be exercised judiciously and how a court or judge exercises such discretion depends…

…This provision gives the judge discretion in awarding costs but that discretion has to be exercised judicially.…

…No further exercise of discretion is required at this point.…

…of costs of a lawsuit is always in the discretion of the court, the exercise of that discretion must be consistent with established principles and practice....,the costs recoverable are those fees fixed for the steps in…

…Instead, the taxing officer must proceed to assess instruction fees through the exercise of the discretion conferred by the Advocates Remuneration Order. (b) The Nature of Judicial Discretion in Taxation 32.   …

…The discretion exercised by a taxing officer is a judicial discretion. It is neither absolute nor unstructured.…

…There is no jurisdiction by this Court to re-look at its Judgment twice once it has exercised its discretion. Sentencing is in the discretion for the sentencing Court. 5.…

…That discretion cannot be re-looked at by this Court. 6.…

…The appellant submitted on the issue of costs and raised the following issues; the exercise of the court’s discretion, and whether this court should interfere with the learned trial magistrate’s exercise of discretion on…

…Even if in the exercise of discretion the court has absolute and unfettered discretion to award or dissuade from awarding costs, the discretion must be exercised judicially by evidence, reason, and justice and not whimsically…

…of costs of a lawsuit is always in the discretion of the court, the exercise of that discretion must be consistent with established principles and practice…., the costs recoverable are those fees fixed for the steps in the…

…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…

…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 exercise of the discretion and that as a result there has been injustice.” 45.…

…It is settled that an appellate court must exercise restraint in interfering with judicial discretion.…

…In Mbogo vs Shah (1968) EA 93, the Court of Appeal held: - “A Court of Appeal should not interfere with the exercise of discretion of a Judge unless it is satisfied that the Judge in exercising his discretion has misdirected…

…It is also trite law that discretion of the court must be exercised judiciously which to me means that the court must apply its mind properly on facts and law before it and give reasons for the manner in which the discretion…

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

…That the learned magistrate wrongly exercised his discretion, resulting in injustice. iii. That the award was punitive in nature. iv. That the award curtailed the Appellants’ right to a hearing. v.…

…Interference with Discretion 14) It is settled that an appellate court will not interfere with a trial court’s discretion unless the discretion was exercised on wrong principles or the decision is plainly wrong, resulting…

…The decision of whether or not to allow an application for setting aside judgment or an order for dismissal of a suit due to nonattendance by an applicant is at the discretion of the court.…

…, there must be some material before the Court to enable its discretion to be so exercised.…

…She eventually concluded that the court has discretion to extend time. I would also incline towards this view. 7.…

…principles governing the exercise of the court's discretion to set side a judgment obtained ex parte.…

…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 exercise of the discretion and that as a result there has been injustice.” 45.…

…However, in the exercise of such discretion, the court must act upon reason(s) not based on whim or caprice.…

…Whereas it is true that the court has unfettered discretion, like all judicial discretion it must be exercised upon reason not capriciously or sympathy alone and justice is justice to both the Plaintiff and the Defendant;…

…The discretion conferred by that provision is wide.…

…Such an exercise of discretion would in our mind be wrong in principle.” 11. The guiding principles for exercising this discretion are well established.…

…is exercising judicial discretion.…

…material before the Court to enable its discretion to be so exercised.…

…They prayed that the court exercise its discretion in their favour.…

…It was an equitable remedy that was only available to a deserving party at the discretion of the court; b.…

…Whenever the court is invested with the discretion to do certain acts as mandated by the statute, the same has to be exercised judiciously and not in an arbitrary manner and capricious manner.…

…the need to do real and substantial justice to the parties to the suit.[13] Discretion must be exercised in accordance with sound and reasonable judicial principles.…

…This Court has now been called upon to set aside exercise of judicial discretion in an interlocutory matter.…

…The Principles we distil for setting aside exercise of exercise of discretion are: - a) The Appellate Court cannot substitute the discretion by the Lower Court simply because it could have reached a different result. b) Only…