Search court decisions

…In those circumstances he submitted, the learned Judge in the court below improperly exercised his discretion in refusing to allow the application.…

…It is his exercise of discretion which has been called into question.…

…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.…

…AND STEPHEN MBUKI KIMANI ..................................RESPONDENT R U L I N G Having heard advocates for both parties and in all the circumstances of the case, I am satisfied that this is a proper case to exercise my discretion…

…or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation or restriction thereto by any one or any manner as to the exercise of his discretion…

…In Mills v Cooper [1967] 2 All ER 100 at p 104 Lord Parker CJ said: “ every Court has undoubtedly a right in its discretion to decline to hear proceedings on the ground that they are oppressive and an abuse of the process…

…or to discontinue any such criminal proceedings as stated in subparagraph (c) is exclusively lodged in the AttorneyGeneral without any limitation or restriction thereto by any one or any manner as to the exercise of his discretion…

…In Mills v Cooper [1967] 2 All ER 100 at p 104 Lord Parker CJ said: “ every Court has undoubtedly a right in its discretion to decline to hear proceedings on the ground that they are oppressive and an abuse of the process…

…The court has a wide discretion in this matter.…

…But this discretion, howsoever wide it may be, is a discretion to be exercised judicially having regard to the particular circumstances of each case.…

…Even then a decision on setting aside an exparte judgment is entirely within the discretion of the presiding Court which discretion remains unfettered; See order IX A rule 10 of the Civil Procedure Rules which provides that…

…There are no limits or restrictions of the judge’s discretion to set aside an ex-parte judgment except that if he does vary any judgment he does so on such terms as may be just.…

…This was a matter within the discretion of the Judge and unless we feel that he had gone completely overboard, we would not substitute his discretion with ours even if we felt we could have reached a different decision.…

…his discretion in the appellant’s favour.…

…23.The Court is being invited to exercise its discretion to set aside or vacate its orders made on 2nd July, 2015. I am aware that the discretion to set aside and or vacate Court orders should be exercised judicially.…

…That discretion must be exercised upon reasons and must be exercised judiciously.…

…As regards the exercise of that discretion, certain principles are now well established in our law.…

…This is a matter for the discretion of the court and there is enough material here on which it could be found that the magistrate had exercised his discretion correctly. Order IXB rule 3.…

…An application under Rule 4 of the Rules seeks this Court’s exercise of its unfettered discretion. In SAMKEN LIMITED, ABERCROMBIE & KENT LIMITED VS.…

…Though the discretion is unfettered, like all judicial discretion, it must be exercised on reason, not caprice, and the exercise must not be arbitrary or oppressive.…

…“The discretion is in terms unconditional. The courts however have laid down for themselves rules to guide them in the normal exercise of their discretion.…

…Whether on the material presented to him the judge should have set the judgment aside and reopened the matter, was entirely for his discretion. The learned judge exercised that discretion against the appellant.…

…Ngugi, however, strongly urged that the discretion under rule 4 is unfettered. This is true. But like all discretion it must be judicially exercised.…

…Here, there is no material before me on which I can base an exercise of my discretion in favour of the applicant.…

…As I set out to exercise my discretion I must at the outset confess that there is no material before me on which I can do so. As was said by Privy Council in RATNAM V.…

…In my judgment, once there is non-compliance the burden is on the party seeking indulgence to satisfy the court why the discretion should nevertheless be exercised in his favour.…

…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.…

…Now that the discretion is a free one the only question is whether, on the facts of this case, that discretion should be exercised in favour of the applicant.…

…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…

…Now that the discretion is a free one the only question is whether, on the facts of this case, that discretion should be exercised in favour of the applicant.…

…In my judgment the applicant has not shown in this case that he should have the unfettered discretion exercised in his favour.…

…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.…