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…The discretion is unfeterred, subject only to the implied fetter upon all such discretions, namely that they should be exercised judicially. 3.…

…Under rule 1 of order XXV the court has discretion to order that security be furnished in any case where it thinks fit.…

…In the exercise of his discretion to enlarge time on such terms as may seem just to him, the learned single judge disallowed the application.…

…from the case as a whole that he was clearly wrong in the exercise of his discretion and that as a result there has been injustice.…

…This court has an unfettered discretion to set aside an ex parte judgement. The discretion must however be exercised judicially in the best interests of even handed justice.…

…The discretion exists in order that justice may not be sacrificed as a result of inadvertence or accidental slip or excusable mistake particularly where the Applicant has an arguable defence on the merits.…

…The applicants essentially beg this court to exercise its judicial discretion in their favour.…

…Mr Shah invited me to exercise my judicial discretion in their favour on that ground. The exercise of judicial discretion to set aside, or not to set aside is unlimited provided it is exercised judicially.…

…We were pressed to consider whether the judge has arrived at such a wrong decision that this court should upset the exercise of the unfettered discretion of the judge.…

…Plainly, the judge misapprehended sub-rule (2) of the rule 10 in the exercise of his discretion and as a result reached a wrong conclusion.…

…To do so, the trial court is given overriding discretion to admit or reject the report.…

…Although the use of the word “may” in subsection (3) of section 77 gives the trial Magistrate full discretion to admit or reject the report, the discretion has to be exercised judicially.…

…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…

…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…

…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…

…However I must exercise my discretion judicially. Sufficient reason or cause must be shown.…

…I refuse to exercise my discretion in favour of the defendant. Consequently, the chamber summons dated 10th September, 2003 is ordered dismissed with costs to the plaintiff for there is no good cause shown on record.…

…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.…

…Under rule 4, above, the Court had the discretion to proceed to decide the suit, which it did. The Court having proceeded under that rule although it was not stated, the plaintiff had two options.…

…The applicant is not challenging the exercise of the Court’s discretion in refusing to grant an adjournment. In the foregoing circumstances I agree with Mr Kassim Shah that the application is incompetent.…

…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…

…Interest to be paid on a decretal sum is a matter for the discretion of the trial judge.…

…The Court must have judicial discretion to allow a change of plea before it has finally disposed of the case.…

…Delay, acquiescence, unclean hands and other matters that go to the exercise of an equitable discretion have to be considered if it is averred that the applicant is undeserving of equitable relief.…

…For the p urpose of this sub-rule, any decision extending or refusing to extend time for the lodging of a bill of costs or any exercise by the Registrar of the over -riding discretion given him by paragraph 12 of the Third…