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…“The discretion is in terms unconditional. The courts however have laid down for themselves rules to guide them in the normal exercise of their discretion.…

…Whether on the material presented to him the judge should have set the judgment aside and reopened the matter, was entirely for his discretion. The learned judge exercised that discretion against the appellant.…

…Mwamu, for the respondent, is whether a mistake of law by counsel can amount to such a mistake as would entitle the Court to exercise its unfettered discretion under rule 4 and extend time on behalf of an applicant such as…

…, this statement is to be found at page 94: “the mistake or misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under Order IX rule 20 ….. the discretion…

…It is therefore more than a reasonable possibility that if the judge had known of this letter he would have exercised his discretion under section 349 differently.…

…It is perfectly clear, as Mr Metho submitted before us, that an exercise of discretion upon incomplete or mistaken facts could amount to a matter of law upon which a party to an appeal from a subordinate court to the High…

…The plaintiff has appealed in the main on the grounds that the learned judge exercised this discretion wrongly in dismissing the plaintiff’s suit, and also in the holding that the court’s order of June 7 was mandatory.…

…Notwithstanding that, we agree that the learned judge exercised his discretion wrongly, as in this particular instance, not only the particulars had already been supplied when the order dismissing the plaintiff’s suit was…

…rehabilitation of offenders, which involves finding employment for them, it is unfortunate that there are two major misconceptions, which destroy any legal basis for the liberal approach, and leave it merely as a matter of policy or discretion…

…There is an area of discretion on each side of the line. If dismissal were imposed in cases of conviction, regulation 25 could come that much nearer to section 9(1) of the Act, (cap 64).…

…That failure disentitles an applicant to the exercise of the Court's discretion under rule 4 of the Rules. Accordingly the application to extend time is dismissed with costs.…

…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.…

…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.…

…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…

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

…consolidated with Petition No. 16 of 2015 (the Muruatetu decision) in which the Supreme Court held that the mandatory death penalty as provided under Section 204 of the Penal Code is unconstitutional as it deprives the courts discretion…

…the Supreme Court in the Muruatetu decision to mandatory minimum sentences provided under the Sexual Offences Act and held that Section 8 of the Sexual Offences Act must be interpreted in a way that does not take away the discretion…

…Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give the court a discretion…

…Magon v Ottoman Bank [1968] EA 156, Duffus JA, as he then was, in a case of setting aside ex parte judgment at page 158 letter F, stated: “Rule 10, by virtue of which the judgment has been set aside, does give the court a discretion…

…can never be a mathematical formula for the assessment of damages in these matters and the Courts have over the years recognized the position that assessment of such damages is essentially an exercise of the trial judge’s discretion…

…Dealing with counts of conspiracy raises problems which require discretion and complete understanding of the case in hand.…

…Mr Wasuna’s secondary submission is that even if there was proper service, there were sucient reasons why the ower courts should have exercised discretion in favour of the appellant.…