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…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…

…Mr Justice J S Patel had failed to exercise his discretion judicially. Mr Waweru in urging Nduhius’s appeal had no more to add than the failure to draw and file the reply was not Nduhiu’s fault.…

…Now Mr Justice J S Patel had a very wide discretion to exercise under the relevant order and rule and there were no limits and restrictions on the discretion of the learned judge except that if the judgment was varied it…

…It does not allow for discretion or foe room to impose a sentence if less than an imprisonment for seven years.…

…The trial magistrate used his discretion and this Court is not permitted to interfere with the acquittal of the 2nd accused.…

…The grounds on which the learned judge might, in his discretion, have set aside the award not emerge. In our judgment he was right to dismiss the application and this appeal should also be dismissed.…

…This Court must exercise its discretion in a just, fair and equitable manner to save the future of the plaintiffs, and to safeguard their constitutional rights enshrined in the Constitution of Kenya.…

…This formulation based on Giella’s case must, therefore, be regarded at best as a terse reminder of a large body of law, and not as the prescription of how the discretion must be exercised.…

…1980 un-reported) that “the Court goes by the principle that such an ex-parte judgment having been entered neither upon merits of the case nor by consent of the parties is subject to the Court’s power of revocation at its discretion…

…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…