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…APPEAL NO. 97 OF 1988) ********************* RULING OF THE COURT This is a reference to full Court against the ruling of the learned single Judge of this Court whereby he exercised his discretion under rule 4 of the Rules…

…Njage, counsel for the applicant, asks us in this reference under rule 54(1) (b) to vary, discharge or reverse the decision of the single judge on the ground that, he, in the exercise of his discretion failed to take into…

…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…

…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…

…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…

…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.…

…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…

…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 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…

…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.…

…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.…