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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.…

…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.…

…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.…

…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.…

…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…

…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.…

…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…

…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…

…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.…

…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.…

…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.…

…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…

…I have the discretion under Rule 5 (3) to direct in a deserving case that conditional attachment of the property be made.…

…The approval of the court was nothing but exercise of judicial discretion in the matter.…