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…The application concerned the exercise of judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Rules even though these provisions were not shown in the chamber summons application. 2.…

…This application thus concerns the exercise of my judicial discretion under order IXA rule 10 and 11 of the Civil Procedure Code even though the same order and rules were not shown in the chamber summons filed by the applicant…

…In the instant application the defendants have endeavoured to explain their counsel’s non-attendance and have advanced reasons why I should exercise my unfettered judicial discretion in favour of setting aside the order.…

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

…First, the trial magistrate failed to use his judicial discretion and in doing so he denied in returning the suit motor vehicle to the applicant pending the hearing and determination of the trial in the Chief Magistrate’s…

…In the premises, I am satisfied that this is a fit and proper case for the exercise of judicial discretion in granting an injunction to the plaintiff.…

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

…We think that the use of such strong language while trying to exercise a judicial discretion in a proper way is unwise, whilst applauding the thoughts which prompted that language.…

…It cannot be raised if any fact has to be ascertained or if what is sought is the exercise of judicial discretion.…

…This was been clearly articulated in Pithon Waweru Maina vs Thuka Mugiria [1983] eKLR, Civil Appeal No 27 of 1982, where the Court held that; “The principles governing the exercise of judicial discretion to set aside an exparte…

…There is no evidence of substantial loss in this application.Decision under 0.41 r.4 of Civil Procedure Rules isdiscretionary and as in acts of judicial discretion must beexercised in accordance with sound judicial principles…

…This is a case where an offer of suitable undertakings was expected, and as none is made, the Court withholds the exercise of its judicial discretion in favour of the applicants.…