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…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…

…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…

…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…

…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.…

…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.…

…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.…

…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.…