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…If however, I am wrong and the last date for filing the intended appeal was November 17, 1986, I would still exercise judicially the unfettered discretion I have in the matter and hold that in the circumstances the applicant…

…I always understood the rule to be that the party who seeks an indulgence must explain why a discretion should be exercised in his favour notwithstanding “inaction” or “delay” on his party.…

…I am unable to exercise my discretion in favour of the applicant. I do not consider this to be a fit or proper case for the exercise of my discretion. Accordingly, the application is dismissed with costs.…

…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…

…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…

…That the plaint has not yet been served on the Defendant as provided by law and consequently the plaintiff can amend her plaint should she so wish at her sole discretion.…

…noted that the 3 grounds of objection made by Mr Ombaka in writing states the plaint has not been served on the Defendant as provided by law and consequently the Plaintiff can amend her plaint should she so wish at her sole discretion…

…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…

…Ms Karua urged me to use my discretion and award reasonable costs and on all other items she agreed that I may use the scales. I have read the notes of proceedings before the Court including judgments of the three Hon.…

…The award of damages is a matter within the discretion of the trial court.…

…I always understood the rule to be that the party who seeks an indulgence must explain why a discretion should be exercised in his favour notwithstanding “inaction” or “delay” on his party.…

…I am unable to exercise my discretion in favour of the applicant. I do not consider this to be a fit or proper case for the exercise of my discretion. Accordingly, the application is dismissed with costs.…

…However, the Applicant has not placed any discernable grounds which would enable this court exercise its discretion in his favour.…

…Having found that the balance of convenience tilts in favour of the Respondent, I am not inclined to exercise my discretion in favour of the Applicant. I disallow the application and dismiss the same.…

…That the plaint has not yet been served on the Defendant as provided by law and consequently the plaintiff can amend her plaint should she so wish at her sole discretion.…

…noted that the 3 grounds of objection made by Mr Ombaka in writing states the plaint has not been served on the Defendant as provided by law and consequently the Plaintiff can amend her plaint should she so wish at her sole discretion…

…The fact that mandamus is neither a writ of course nor a writ of right but a matter of the discretion of court does not mean that natural justice may be breached.…

…A court exercises its discretion judicially, after hearing the relevant admissible evidence and deciding on merits. One of the purposes of an order of mandamus is to issue to the end that justice may be done.…

…Ms Karua urged me to use my discretion and award reasonable costs and on all other items she agreed that I may use the scales. I have read the notes of proceedings before the Court including judgments of the three Hon.…

…So if not for any other reason, I would have dismissed this application because I am not at all satisfied that applicant has been diligent enough to be entitled to my unfettered discretion to extend the time for lodging the…

…So if not for any other reason, I would have dismissed this application because I am not at all satisfied that applicant has been diligent enough to be entitled to my unfettered discretion to extend the time for lodging the…

…All the text books and leading authorities agree that a Court has discretion to grant an interlocutory restraining injunction restraining further publication of a libel where the defendant continues to publish the libelous…

…The Court must have judicial discretion to allow a change of plea before it has finally disposed of the case.…

…First, the trial magistrate failed to use his judicial discretion and in doing so he denied in returning the suit motor vehicle to the applicant pending the hearing and determination of the trial in the Chief Magistrate’s…