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…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…

…When the appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions.…

…She further directed the applicant to le and serve submissions. 4.…

…The applicants led their written submissions on 31st October, 2014, while the respondent led grounds of opposition dated 22nd October, 2014 and a replying adavit dated 24th October 2014, together with their submissions…

…The appeal was canvassed by way of written submissions. The Appellant filed submissions dated 19/6/2024 whereas the 1st Respondent filed submissions dated 26/6/2024 on behalf of all the Respondents.…

…It was his submission that the 2nd Respondent was included in the claim but excluded in the final submission and that the Tribunal did not consider his submissions filed on 22nd September 2022.…

…E017 of 2024 the lead file, and directing disposal of the appeal by way of written submissions. Only the appellant filed written submissions. 8.…

…On written submissions, I hold the view that written submissions are overrated. A decision of a court cannot be vitiated on grounds that written submissions were not considered.…

…That in addition to filing the submissions in the CTS system, the appellant sent soft copies of the submissions of the appeal to the Court availed email, annextures@gmail.com on the 27/08/2024 and receipt acknowledged on…

…It is clear that the appellant’s submissions were on record having been filed on the 27/08/2024 and the same received and actioned by the registry on the 28/08/2024.…

…The appeal was prosecuted by way of written submissions which both parties duly filed. The submissions were highlighted before me on 26th June 2024. 7.…

…Further, I have perused the original record of the trial court and the only written submissions I have seen on record are the submissions that were filed by the respondent.…

…their submissions. 7.…

…The said submissions are also missing in the Court Tracking system. 10.…

…He averred that in spite of directions being given on 14.10.24 that the Appeal be canvassed by way of written submissions, the Appellant has never filed the record of appeal or submissions and has not given any reasons for…

…Directions were given for the filing of written submission. While the Appellant filed submissions, the Respondent did not. 5.…

…The Respondent’s submissions on the cross appeal 6.…

…The Appellants’ submissions on the cross- appeal 11. The Appellants’ submissions are dated 8th July, 2024.…

…The matter proceeded under Section 30 of the SCCA by way of documents and the Court gave direction on filing submissions and at the time of writing the judgment, both Counsel had filed the submissions.…

…The appeal was canvassed through written submissions. The Appellant’s submissions are dated 12/03/2025 whilst the Respondent’s submissions are dated 19/05/2025. Analysis and Determination 9.…

…THAT the Learned Magistrate erred in law and fact when he considered the Respondents’ submissions as evidence 2. THAT the Learned Magistrates erred in law and fact by making findings on non-issues. 3.…

…The Appellants filed their written submissions on 14th March 2025 as directed by the Trial Court. The Respondents did not file submissions up to the time this appeal was fixed for judgment.…

…On 9th May 2024 the Court gave directions that the appeal be canvassed by way of written submissions.…

…Counsel submitted and sought for a ruling date for they had uploaded their submissions dated 31st May 2024.…

…Submissions 4. The court directed that the appeal be disposed of by way of written submissions. Only the respondent filed his submissions as directed by the court.…

…The respondent filed submissions dated 10/2/2025 but the appellant never filed submissions, in spite of the court’s directions being that it be the first to file the submissions.…

…I reserved it for judgement on the understanding that both sides had filed written submissions, for I had seen, from the record, written submissions by the appellant and by the respondent. 4.…

…Those submissions relate to an application in that cause, dated 25th March 2025, and not this appeal. Clearly, therefore, the said submissions were filed in the wrong file or cause. 5.…

…Submissions by the Appellant 6.…

…I have considered the grounds of Appeal and the Submissions by the Appellant.…

…The Appellant’s despite numerous mentions did not file its submissions. The Respondent’s submissions are dated 12/03/2024.…

…Submissions, we reiterate, do not constitute evidence at all.…

…The matter proceeded by way of submissions. The Appellant filed submissions on 11.12.2024.…

…Submissions are not, strictly speaking, part of the case, and the absence of submissions may not necessarily prejudice a party.…

…It is also not enough that these injuries were mentioned in the written submissions as submissions can never take the place of pleadings. 17.…

…This leads me to answer the question as to whether the submissions can take the place of pleadings or submissions can come in to rectify an omission in the pleadings.…