Case law
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Division and case type: CivilCivil Appeal
…The learned Judge presumably, rejecting the submission that the matter should not have been brought by way of originating summons and being of the view that it was unnecessary to raise the matters involved by way of a suit…
…(as he then was) in Kenya Commercial Bank Ltd v James Osebe (supra): "In support of the first limb of his submissions Mr. Kwach cited Sir Ralph Windham C.J.'s judgment in Kulsumbhai v.…
Division and case type: CivilCivil Appeal
…Lengthy submissions by advocates on both sides were made and on 15th December 1993, we delivered our ruling rejecting the application.…
…Somewhat lengthy submissions from advocates for both parties followed. Thereafter this Court gave its ruling dismissing the application calling for the said two judges to disqualify themselves.…
Division and case type: CivilCivil Appeal
…K'owade's very persuasive submissions in opposition to the application, I am satisfied that this is a case in which in the exercise of my discretion judicially I should grant the application.…
Division and case type: CivilCivil Appeal
…In the record from the lower court and even in his submissions before this court, the appellant has repeatedly stressed his contribution towards the acquisition of the matrimonial home and that he is a coowner with the respondent…
Division and case type: CivilCivil Appeal
…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…
…medical reports and written submissions of the counsel, cited authorities and in view of the fact that the plaintiff has taken long to heal from the injuries sustained in the accident which occurred on 27th February, 1987…
Division and case type: CivilCivil Appeal
…This court will set out the appropriate orders and rules shortly so that the plaintiff can be aware of the wrongful submissions being put forward based on misinterpretation of the very clear orders and rules to be forced…
…At some stage in this answer to Mr Oraro’s submissions Mr Ombaka submitted that an interlocutory court (meaning this court) cannot decide on the merits of a suit which the court has not been able assess the merits by way…
Division and case type: CivilCivil Appeal
…This court will set out the appropriate orders and rules shortly so that the plaintiff can be aware of the wrongful submissions being put forward based on misinterpretation of the very clear orders and rules to be forced…
…At some stage in this answer to Mr Oraro’s submissions Mr Ombaka submitted that an interlocutory court (meaning this court) cannot decide on the merits of a suit which the court has not been able assess the merits by way…
Division and case type: CivilCivil Appeal
…That case had neither been cited nor had any submissions been made on it by counsel appearing before him. This then is the basis of the appellant’s complaint in its 12th ground of appeal.…
…He should, however, have brought this authority to the attention of counsel and heard their submissions on it.…
Division and case type: CivilCivil Appeal
…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied two issues for determination. a. Whether the Petitioners application for conservatory orders is merited. b.…
…The Petitioner’s counsel in his submissions led earlier and dated 9-12-2025 had also identied the same singular issue as the one calling for determination. 12.…
Division and case type: CivilCivil Appeal
…And those were the submissions on that evidence put before Mr Justice Masime.…
…He also referred to relevant paragraphs of Halsbury’s Laws of England, 4th ed (1973), Branca v Cobarro, [1949] 2 All ER 101 and Tarmohammed v Lakhani, [1958] EA 567 and the submissions of Mr Couldrey for the employer and…
Division and case type: CivilCivil Appeal
…In support of his submissions, Mr Pandya referred us to a passage in Mogregor on Damages, 15th Edition, paragraph 1593 under the heading “infant children”.…
…It is clear to us that the burden of Mr Pandya’s submissions, supported by these authorities, is that, as the deceased boy was only six years old, he could not have been in a position to make any contribution of a pecuniary…
Division and case type: CivilCivil Appeal
…In the reserved judgment, the learned magistrate found the Bank liable as follows; As Mr Nyauke had correctly stated in his submissions; clause (j) Para. 1 page 18, it is the lender who is the attorney for borrower/charger…
…Both parties filed written submissions and made brief oral arguments to support their respective positions. 10.The Bank’s contention is that it has always been able and willing to execute the discharge upon receipt of the…
Division and case type: CivilCivil Appeal
…At the commencement of this appeal, Mr Omesh Kapila, learned counsel for the appellant, very wisely abandoned the second ground of appeal and made submissions only in relation to the first ground.…
…This submission is based on the belief that document signed by the appellant at the request of Mr Woodgates and to which I have already made reference was a legal discharge.…
Division and case type: CivilCivil Appeal
…Having considered the evidences ourselves and the submissions of Mr. Odero on behalf of the appellants we are satisfied that there was no defence to reckon with.…
Division and case type: CivilCivil Appeal
…decisions of the parties to the litigation. (4) I hold no shares in any of the companies parties to litigation. (5) I was trained from my earliest days at the Bar and on the Bench to decide cases on the evidence before me and submissions…
…informed person would on the correct facts reasonably apprehend that the judge has not or will not bring an impartial mind to bear on the adjudication of the case, that is a mind open to persuasion by the evidence and the submissions…
Division and case type: CivilCivil Appeal
…In her affidavit and submissions before us in support of the application Mrs Dias stated that on receipt of the letter from the appellant she approached the Deputy Registrar of this Court to find out which judges would hear…
…The correspondence and the affidavit together with the submissions of Mrs Dias are deficient in substance. It is worthy of note that when we pointed out this to Mrs Dias she feebly attempted to withdraw the application.…
Division and case type: CivilCivil Appeal
…We will therefore disregard them and not trouble ourselves with the submissions made by counsel in relation to those grounds.…
…Konosi, for the respondent, freely admitted in the course of his submissions before us that at the time the second notice of termination was issued, the respondent had indeed committed the breaches alleged by the appellant…
Division and case type: CivilCivil Appeal
…When the motion came before Butler-Sloss J on 12th July and 19th July 1985 counsel filed written submissions.…
…In his written submissions, Mr Khan, who then appeared for the appellant, raised for the first time an issue which had previously not been pleaded in the defence or raised in the replying affidavit namely that there is a…
Division and case type: CivilCivil Appeal
…Mulwa’s submissions to us o behalf of the Respondent that a further 492 acres were intended to be given to the Appellants, making with the 550 acres allocated to the eighteen families, a total of 1042 acres.…
…Why the learned Judge confused this Act with the one immediately preceeding it, namely the Registration of Titles Act, Cap 281, is beyond me, since the submissions of counsel in the High Court were directed to the latter…
Division and case type: CivilCivil Appeal
…In support of his submissions Mr Akhaabi cited the Uganda High Court decision in Figueredo v Editor, Sunday Nation [1968] EA p 501, in which it was held that: (1) To succeed in a defence of fair comment the defendant must…
…There is no substance in that submission because there was evidence, accepted by the learned judge, and also by us, that some money that had been collected during the appellant’s tenure of chairmanship had gone missing and…