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…It would ... not be proper use of such a discretion if the Court turns its back to a litigant who clearly demonstrates such an excusable mistake, inadvertence, accident or error.…

…Mbogo & Another (1967) EA 116 (Harris J), the court expressed itself on the matter of discretion as follows: “The discretion is intended so as to be exercised to avoid injustice or hardship resulting from inadvertence or…

…The Respondent further argues that costs are discretionary and that the Court properly exercised that discretion. The Court agrees that costs are indeed discretionary. However, discretion is not exercised in a vacuum.…

…The discretion must be exercised judicially and, where exercised against the grain of the default rule, the reasons for doing so must appear on the face of the record.…

…Whether the Court should interfere with the discretion of the Taxing Master; and iii. Whether stay of execution should issue. 6.…

…However, it is equally settled that this Court retains residual discretion to enlarge time where sufficient cause is shown, in order to meet the ends of justice.…

…Order 12 Rule 7 of the Civil Procedure Rules vests this Court with discretion to set aside or vary any order of dismissal upon such terms as may be just.…

…The principles guiding the exercise of such discretion are well settled.…

…Extension of time to file an appeal is therefore an equitable remedy available to a party at the discretion of the court and for good reason.…

…In that case, it was held that: - “the exercise of this court’s discretion under Rule 4 has (follows) a well beaten path………….…

…In the first place, the award of costs is a matter in which the trial judge is given discretion ….…

…who tried his case, that discretion is a judicial discretion, and if it be so its exercise must be based on facts....If, however, there be, in fact, some grounds to support the exercise by the trial Judge of the discretion…

…Thus, the power of the court to order continued detention is not an unfettered discretion. It is a discretion circumscribed by the Constitution and statute.…

…Exercise of discretion 35. It is trite that judicial discretion must be exercised judicially, on the basis of the law and the evidence before the court. 36.…

…Order 12 Rule 7 of the Civil Procedure Rules, 2010 however vests this Court with discretion to set aside or vary any order of dismissal upon such terms as may be just.…

…The principles guiding the exercise of such discretion are well settled.…

…The Client/Applicant further submitted  that the reasons given did not meet the threshold of reasoned discretion required by the cited authorities. 32.   …

…On whether the Court should interfere with the Taxing Officer’s discretion. …

…The court was urged to properly use its discretion in granting the orders sought before it.…

…It is well established that the issue of reinstatement of a suit is a discretion of the court.…

…The grounds preferred are that taxation of costs is a matter falling within the discretion of the Taxing Officer and this Court ought not to interfere with such discretion absent proof of error in principle or manifest excessiveness…

…It is not a wild and unaccountable discretion, however, because it is at its core and by definition a judicial discretion to be exercised, not capriciously at a whim, but on settled principles.…

…The Appellant urged this court to apply its discretion to allow the Appeal and set aside the default judgement.…

…The court is also alive to the fact that the lower court exercised an act of discretion in declining the Appellants’ Application.…

…The Trial court did not sufficiently address itself to the principles that govern setting aside of judgments and hence misdirected itself in exercise of its discretion. g.…

…The discretion is unfettered but it must not be exercised judiciously but whimsically or capriciously.…

…No. 51 of 2017) [2022] KEHC 14353 (KLR), where the High Court declined to interfere with the Taxing Officer’s discretion in a similar context, affirming that discretion must be exercised judicially, but that courts should…

…The applicant in this case has not demonstrated to the court how the taxing officer fell into error in the excercise of her discretion. 32.…

…The Court delineated the following as the under-lying principles that a Court should consider in exercise of such discretion: i. Extension of time is not a right of a party.…

…of an error of principle, resulting to a manifestly excessive award and where such discretion is exercised capriciously. 24.…

…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 appellant relied on Section 27 of the Civil Procedure Act to submit that the awarding of costs is subject to the court’s 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…

…The court has the discretion to extend time for filing an appeal, but the exercise of that discretion is not automatic. Sufficient cause must be shown, to warrant exercise of the discretion.…

…the other parties would not be prejudiced by the exercise of the discretion; and the application must be filed without undue delay. 10.…

…The decision on whether or not to allow such an application to re-open a case is left purely to the discretion of the Judge.…

…On the other hand, a trial judge has the discretion to permit a plaintiff to re-open its case. This discretion however must be exercised judicially.…