That when counsel realized that the court was determined to hear the case without considering the pending application for leave to amend the defence, he informed the court that in that case, therefore, he was not prepared to proceed with the trial , in view of the pending application to amend the defence, which application had not been prosecuted.

courts of law exist to administer justice and in so doing they must of necessity balance between the competing rights and interests of different parties but within the confines of the law, to ensure the ends of justice are met. Inherent power is the authority possessed by a court implicitly without it being derived from the Constitution or statute.”That even the plaintiff’s counsel could not trace the file for filing of submissions and that on 6 th February 2003 judgment was delivered without submissions from either side and without notice to the defence.

It would be wrong for this Court to interfere with the exercise of the trial Judge’s discretion merely because this Court’s decision would have been different.”

If you’re looking for a great overall solution, however, plenty of shapewear garments provide breathable full-torso support as well, but you can expect these garments to be more restrictive. Keep in mind that everyone’s body is different, and you want to look for the best shapewear to help you achieve the look and comfort level that matters to you personally. Best Basic Shapewear: Bali Women’s Shapewear Ultra Control Shaping Brief From the trial record as analyzed herein, I am persuaded, and it is manifest that the trial magistrate was clearly wrong in the exercise of her discretion and which wrong exercise occasioned a miscarriage of justice to the appellant. And if there had been any delay then that delay cannot be attributed to the defendant appellant herein as the respondent’s counsel wished this court to believe. In Mbogo v Shah the Court of Appeal rendered itself thus on the subject, as per Sir Clement De Lestang VP :- On 28 th November 2002 Mr Achoki advocate appeared on behalf of Mr Wamalwa and requested for a hearing for 10.00 a.m. and the court set the matter for hearing for 11.15 a.m.