Search court decisions

…The Appeal was canvassed by way of written submissions. Appellant’s Submissions Summary 9. In his written submissions the Appellant does not contest the award of Kshs. 90,525/= for special damages.…

…Respondent’s submissions Summary 10. The Respondent supports the Judgment.…

…He argued that the impugned judgment was delivered on merit as both parties had filed their respective submissions. He added that the directions issued by Hon.…

…Justice Ongeri, when the Respondent was directed to file submissions within 7 days, and the judgment date was thereafter set for 6th October 2025. The Respondent filed submissions on 17 th September 2025.…

…The trial Magistrate erred and misdirected himself by ignoring the defendant’s submissions on record and hence arriving (at) a wrong decision in awarding damages. The appeal was canvassed through written submissions.…

…In this regard, I have perused and considered the submissions filed by Kimondo Gachoka & Company Advocates for the appellant, as well as the submissions filed by Njoroge Mwangi & Company Advocates for the respondents.…

…on quantum on applicable principles for assessment of damages. 3) The learned Magistrate erred in law and fact in failing to consider the authorities attached to the Appellant’s submissions that were guiding on the amount…

…The court also notes that the appellant did also not comply with the directions on submissions. 4. From the foregoing, it is evident that the Appellant was never keen in prosecuting this appeal in the first place.…

…The Appellants filed the written submission through the learned counsel on 16th January, 2024, while the Respondent’s submissions were filed on 4th December, 2023.…

…THE APPELLANTS SUBMISSIONS The learned counsel for the Appellant filed a memorandum of appeal challenging both liability and quantum but in their submissions filed herein dated 5.1.24 it was indicated that ‘’the appeal can…

…On 3.04.2021, the matter came to confirm filing of submissions and only the Plaintiff’s submissions were on record. As shown in the proceedings of 27th April, 2025, the Defendant was given 14 days to comply.…

…Ms Kamene: Plaintiff has filed written submissions. We pray for a judgment date. AG Kibiru Chief Magistrate Court: Defendants to file written submissions within 14 days from today.…

…This attracted the instant appeal in which the parties were directed to canvass via submissions. APPELLANT SUBMISSIONS Parties did not agree to proceed by way on Sec. 30 of SMCC Court Act.…

…What is stated in submissions cannot help a party who has not proven their claim with evidence. 22. In the case of .…

…That the trial magistrate disregarded and / or failed to take into account the Appellant’s written submissions. The appeal herein was canvassed by way of written submissions.…

…The Appellant’s submissions are dated 13th March 2024 and filed on 12th February 2024.…

…Directions on the appeal were taken and the appeal was canvassed by way of written submissions.…

…I have read and considered the Memorandum of Appeal and the parties’ submissions herein.…

…This court directed that the application be canvassed by way of written submissions and gave the parties herein timelines for filing their submissions. Both parties filed their respective submissions. 5.…

…I have considered the application, the affidavit in support thereof, the replying affidavit and the submissions filed by the parties.…

…The appeal was canvassed through written submissions. I shall set out each party's submissions below. 10. The appellant’s submissions are dated 3rd April 2025.…

…In the said submissions the respondent contended that there were 3 issues for determination by the Court, to wit:- i Whether the trial court considered the submissions of both parties in reaching its decisions; ii Whether…

…On that account, no directions were given by a Judge, for canvassing of the appeal by way of written submissions. 2. I see that the appellants have filed written submissions, but the respondent has not.…

…I also note that the matter was mentioned several times before the Deputy Registrar for submissions.…

…The Appeal was canvassed by way of written submissions. Appellants’ submissions 4. The Appellants relied on their submissions dated 22nd July, 2024. They submitted on the two grounds of appeal. 5.…

…The Appellants submitted that the trial court failed to address their submissions.…

…He also noted that the appellant did not file submissions and he considered the submissions of the respondent who proposed an award of general damages of Kshs.1,200,000/=.…

…In his grounds of appeal, the appellant stated that the trial magistrate erred in failing to consider his submissions. This is inaccurate since there were no submissions by the appellant to be considered.…

…The appeal was disposed of by way of written submissions. The appellant filed its submissions dated 9-07-2025 while the respondent filed its dated 14-08-2025.…

…I have carefully read the parties’ submissions and the record of appeal including the judgement of the trial court.…

…Parties were directed to file submissions in respect of this appeal. Despite numerous opportunities to do so, the Appellant did not file any submissions.…

…The Appellant did not file any submissions herein to guide the Court on what he considers to be the appropriate damages in the circumstances.…

…The parties elected to canvass the appeal through written submissions and appropriate directions were given. Accordingly, the parties complied and filed their respective submissions. Submissions by the Appellants 7.…

…= and in their submissions before the trial court, the proposed an award of Kshs 50,000/=.…

…Each party was given 21 days to file submissions, starting with the appellants, and the matter was slated for mention or highlighting of submissions on the 24th of January, 2024. c) That on the same day, the respondent served…

…the parties file their submissions afresh within 60 days each, starting with the appellants.…

…That there was no draft submissions annexed to the supporting affidavit and marked as required by law and thus the applicant could not have claimed to have moved with speed and prepared submissions for consideration by the…

…The parties filed submissions in support of their respective cases. The applicant submitted that this matter proceeded ex parte on diverse dates and that its evidence and submissions was not presented to the Court.…