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…In the circumstances and in view of the dilatoriness in the applicant's present application, I decline to exercise my discretion under rule 4 of the Court of Appeal Rules in favour of the applicant.…

…Ochieng Oduol, Counsel for the Respondent's submissions that even if specifically pleaded as in this case (HCCC No. 1055 of 2000 and Counter-claim in HCCC No. 822 of 1996) interest being at the discretion of the court cannot…

…Finally, I deem it necessary to point out that although the Taxing Officers do have the discretion to either decrease or increase the instruction fees awardable in a Party and Party Bill of Costs, once he has exercised that…

…from the Ruling of the High Court of Kenya at Nairobi (Justice Hayanga) dated 13th February, in CIVIL CASE NO. 973 OF 1995 (0.S) ************ RULING There is really no valid reason upon which I can refuse to exercise my discretion…

…In the circumstances therefore I decline to exercise my discretion under Section 3A Civil procedure Act (Cap 21) to set aside sale as I was requested. The result is that I dismiss application with costs.…

…extend the time for filing the Notice of Appeal (as opposed to other more complicated steps), but in this case, mindful as I am of Mr Munikah’s plea regarding his clients being kept out of the land, I propose to exercise my discretion…

…In my view this is a proper case in which this court should exercise its discretion in favour of the applicant since the variation sought would not prejudice the respondent’s position.…

…Basically, Mr Ole Keiwua’s argument is that the judge exercised his discretion properly in refusing to adjourn any more.…

…In this appeal, we have adopted a broad approach in the exercise of the unfettered discretion.…

…Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…I see no justification in interfering with the learned trial’s discretion in awarding that sentence. In view of the above, I order that this appeal be and is hereby dismissed in its entirety. Order accordingly.…

…On appeal, this Court may well come to the conclusion that in rejecting that offer the learned Judge did not exercise his discretion correctly.…

…for it was not copied to the respondent, I would say that, that by itself, if I had not found that there had been inordinate delay on the part of the applicants, would not have prevented me from exercising my unfettered discretion…

…Moreover, whether or not to declare a debtor bankrupt is in the discretion of the court.…

…the absence of any rebuttal to the submission of counsel for the respondent in this regard, I think that the inadequacy of the material before me in support of the applicants' application restrains me from exercising my discretion…

…In anycase, if I come to the conclusion as I do, that I should exercise my unfettered discretion to extend time for the filing of the Notice of Appeal, I can grant time within which a fresh one should be filed.…

…In the face of this hostility the respondent must have thought that discretion was the better part of valour and so decided to lodge the caution.…

…parte and, in my view, this is justified for even if the application were made on August 19 in Nairobi and the auction was to be held on August 20 in Kisumu at 10 am, under order XXI rule 63: “(1) The court may, in its discretion…

…, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment; Provided that where the sale is made in…

…The learned Judge exercised his undoubted discretion to set aside a judgment irregularly obtained. The appellants not being satisfied with the learned Judge's ruling have appealed against it. Mr.…

…K'owade's very persuasive submissions in opposition to the application, I am satisfied that this is a case in which in the exercise of my discretion judicially I should grant the application.…