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…He accordingly exercised his discretion under section 3A of the Civil Procedure Act.…

…He accordingly exercised his discretion under section 3A in the Civil Procedure Act.…

…“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.…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…

…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…

…I am aware that under order 9A rule 10 and order 9B rule 8 the Court’s discretion to set aside a judgment entered ex parte is wide and unfettered but all the same that discretion must be exercised according to law in conformity…

…The principles upon which the Court exercises such discretion have been settled since the case of Mbogo v Shah [1968] EA 93 which was followed in the case of Patel v East African Cargo Handling Services Ltd [1974] EA 75 all…

…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 healthy principle from the stated point of challenging the discretion of the prerogative of mercy as subject for judicial review is as stated by H. W. R. Wade & C. F.…

…unlawful action as a matter of right and to live under the rule of Law, not the rule of discretion.…

…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…

…In paragraph 7.2 of the said contract of employment, the plaintiff could exercise discretion as to any information he received in connection with the assignment and which be considered harmful to the first defendant.…

…That paragraph provided that:- "7.2 The employee shall exercise discretion as toinformation he gets in connection with theassignment which may be harmful for the co-operative organisations, authorities, etc in theprogramme…

…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).…

…In view of the above, the Court in its discretion, hereby reduce the sentence to the period already served. The appeal succeeds to that extent. Accused should be released forthwith unless lawfully held.…

…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 applicant also prayed that the grant of representation to the estate of the deceased be assigned to person(s) in the discretion of the court, considering the petition herein, all the beneficiaries to the estate, the circumstances…

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

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