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…It the Respondent’s case that as a bank, it has unfettered discretion to scrutinize its customers’ account so as to flag suspicious and/or fraudulent transactions and the vendor and Raphael Wainaina Njeri’s accounts were…

…the principle that costs are in the discretion of court.…

…It will be seen that this is a discretion and it is now settled that an appellate court would not normally interfere with the exercise of discretion. In United India Insurance Co.…

…(b) Whether the taxing master properly exercised her discretion in assessing costs. 11. ​…

…The discretion must however be exercised judiciously.’’ 19.…

…Adoption is not automatic and involves judicial discretion which must be exercised judiciously and not mechanically according to Section 51(2) of the Advocates Act; b.…

…It is the view of this court that factors must be present that facilitate the exercise of discretion by a court even when a law provides for such discretion, otherwise its exercise of discretion would be considered as arbitrary…

…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.” 35.…

…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…

…It is well settled that this court will not interfere with the discretion of the Deputy Registrar sitting as the Taxing Master unless it is obvious that such discretion was not exercised judiciously as for example where the…

…As such, we urge the Honourable Taxing Officer to exercise his discretion of fee (sic) at Ksh 20,000.” 14.   …

…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 where he held; “Whereas this Court has discretion when awarding costs, that discretion must, as usual, be  exercised judicially.…

…The 3rd Defendant is cognizant that the statutory law and case law grant the Court discretion to award costs. However, this discretion must be exercised judicially. 15.   …

…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.…

…such discretion has been shown to have been exercised wrongly in principle or in a manner that is manifestly unjust. 7.   …

…The mere fact that the Client / Applicant considers the matter “not complex” is not sufficient to displace the Taxing Officer’s discretion.…

…unless the discretion has been exercised injudiciously or on wrong principles.…

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

…The Applicant’s written submissions 8.Counsel for the Applicant filed written submissions stating that it is within the court’s discretion to grant the orders sought as was held in the case of CMC Holdings Limited vs.…

…They submitted that the discretion must be exercised judiciously after the applicant demonstrates sufficient cause for grant of the orders sought as was held in the case of Wachira Karani v. Bildad Wachira(2016)eKLR.…

…He also asserted that the Taxing Officer properly applied Schedule 6A, and had discretion to assess appropriate fees where applicable. 21.   …

…Guided by these authorities, this Court must be slow to interfere with the Taxing Officer’s discretion unless clear error is established. 57.   …

…unless the discretion has been exercised injudiciously or on wrong principles.…

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

…They submit that the Applicant failed to clearly articulate how the taxing officer erred in law and facts or abused her judicial powers and discretion.…

…It therefore meant that the Taxing Officer would therefore proceed to exercise her discretion in assessing the instruction fees.…

…The court has a wide discretion in this matter.…

…But this discretion, howsoever wide it may be, is a discretion to be exercised judicially having regard to the particular circumstances of each case.…

…This was a matter within the discretion of the Judge and unless we feel that he had gone completely overboard, we would not substitute his discretion with ours even if we felt we could have reached a different decision.…

…his discretion in the appellant’s favour.…

…The court thus exercises a judicial discretion all the time having in mind what is just and fair in the case.…

…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…