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…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…

…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 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.…

…He rejected the application but also said: “... if however there is evidence canvassed in the course of the trial in respect of the issue not pleaded the Court shall have the discretion to consider the same in the final judgment…

…Again, it was an error on his part having disallowed the application to amend the defence to hold that he still had a discretion to consider the issue in his final judgment.…

…Mr Nagpal was of the view that court has discretion as seen by s.234 which gives general powers to the court to appoint liquidator or liquidators.…

…In Re North Wales Gunpowder case (supra) Lindley J ( who had earlier in Jushua Stubbs case (supra) had held that court had discretion to appoint a liquidator) had this to say consequent upon new Act of 1890:- “The language…

…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.…

…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.…

…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…

…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…

…It is a matter for this court’s discretion according to the rule. It is exercised judicially and not in whimsical or arbitrary fashion.…

…Following upon them, he required the company to persuade him to exercise his discretion and to do so by proving its case on the balance of probabilities.…

…It is a matter for this court’s discretion according to the rule. It is exercised judicially and not in whimsical or arbitrary fashion.…

…presenting his application for extension of time within which to lodge the Notice of Appeal and the record of appeal, in order to forestall any possible miscarriage of justice over the disputed land, I would exercise my discretion…

…The discretion must be judicially exercised, and therefore there must be some grounds for its exercise, for a discretion exercised on no grounds cannot be judicial.”…

…So the principles regarding to the award of costs and the discretion to be exercised in doing so are in essence incorporated into the laws of Kenya.…

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

…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.…

…defence and that if the defence had had the opportunity to lead medical evidence, the defence would have demonstrated that there were no chances of the mental illness recurring and therefore that the court could exercise its discretion…

…Considering all these matters I exercise my undoubted discretion to enlarge the time for filing the notice of appeal by ordering that the notice of appeal filed on 20th March, 1997 be deemed to be filed in time, as now extended…