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…AND STEPHEN MBUKI KIMANI ..................................RESPONDENT R U L I N G Having heard advocates for both parties and in all the circumstances of the case, I am satisfied that this is a proper case to exercise my discretion…

…the principle that costs are in the discretion of court.…

…It will be seen that this is a discretion and it is now settled that an appellate court would not normally interfere with the exercise of discretion. In United India Insurance Co.…

…unless the discretion has been exercised injudiciously or on wrong principles.…

…not interfere unless the discretion has been exercised injudiciously or on wrong principles.…

…(b) Whether the taxing master properly exercised her discretion in assessing costs. 11. ​…

…The discretion must however be exercised judiciously.’’ 19.…

…Adoption is not automatic and involves judicial discretion which must be exercised judiciously and not mechanically according to Section 51(2) of the Advocates Act; b.…

…It is the view of this court that factors must be present that facilitate the exercise of discretion by a court even when a law provides for such discretion, otherwise its exercise of discretion would be considered as arbitrary…

…Adoption is not automatic and involves judicial discretion which must be exercised judiciously and not mechanically according to Section 51(2) of the Advocates Act; b.…

…It is the view of this court that factors must be present that facilitate the exercise of discretion by a court even when a law provides for such discretion, otherwise its exercise of discretion would be considered as arbitrary…

…In the case of  Shanzu Investment Ltd v Commissioner of Lands [1993] eKLR, the Court pronounced as follows: “The Court has a very wide discretion under the order and rule and there are no limits and restrictions on the discretion…

…The jurisdiction to vary judgment being a judicial discretion should be exercised judicially; and, as is often said, whether judicial discretion should be exercised or withheld in a party’s favour, depends, on a large measure…

…Whether or not to reopen a case is the discretion of the court which discretion ought to be exercised judiciously.…

…The court retains discretion to allow re-opening of a case. That discretion must be exercised judiciously.…

…unless the discretion has been exercised injudiciously or on wrong principles.…

…wrong in the exercise of his discretion and that as a result there has been mis-justice.” 35.…

…On whether the trial court exercised its discretion judiciously, counsel maintained that the magistrate satisfied himself as to proper service and rightly exercised his discretion in dismissing the application.…

…Whether this Court should interfere with that exercise of discretion. c. Who pays the costs? 5.…

…On whether the trial court exercised its discretion judiciously, counsel maintained that the magistrate satisfied himself as to proper service and rightly exercised his discretion in dismissing the application.…

…Whether this Court should interfere with that exercise of discretion. c. Who pays the costs? 5.…

…It is well settled that this court will not interfere with the discretion of the Deputy Registrar sitting as the Taxing Master unless it is obvious that such discretion was not exercised judiciously as for example where the…

…As such, we urge the Honourable Taxing Officer to exercise his discretion of fee (sic) at Ksh 20,000.” 14.   …

…No further exercise of discretion is required at this point.…

…of costs of a lawsuit is always in the discretion of the court, the exercise of that discretion must be consistent with established principles and practice....,the costs recoverable are those fees fixed for the steps in…

…Instead, the taxing officer must proceed to assess instruction fees through the exercise of the discretion conferred by the Advocates Remuneration Order. (b) The Nature of Judicial Discretion in Taxation 32.   …

…The discretion exercised by a taxing officer is a judicial discretion. It is neither absolute nor unstructured.…

…The appellant submitted on the issue of costs and raised the following issues; the exercise of the court’s discretion, and whether this court should interfere with the learned trial magistrate’s exercise of discretion on…

…Even if in the exercise of discretion the court has absolute and unfettered discretion to award or dissuade from awarding costs, the discretion must be exercised judicially by evidence, reason, and justice and not whimsically…

…The decision of whether or not to allow an application for setting aside judgment or an order for dismissal of a suit due to nonattendance by an applicant is at the discretion of the court.…

…, there must be some material before the Court to enable its discretion to be so exercised.…

…She eventually concluded that the court has discretion to extend time. I would also incline towards this view. 7.…

…principles governing the exercise of the court's discretion to set side a judgment obtained ex parte.…

…The discretion conferred by that provision is wide.…

…Such an exercise of discretion would in our mind be wrong in principle.” 11. The guiding principles for exercising this discretion are well established.…

…Whenever the court is invested with the discretion to do certain acts as mandated by the statute, the same has to be exercised judiciously and not in an arbitrary manner and capricious manner.…

…the need to do real and substantial justice to the parties to the suit.[13] Discretion must be exercised in accordance with sound and reasonable judicial principles.…