Case law
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Division and case type: Environment and LandMiscellaneous Application
…Parties led their submissions. 8. The Claimant through its submissions submitted that his evidence that there had been an accident was unchallenged.…
…It is his submission that the evidence he brought before this Tribunal proved his case.…
Division and case type: CivilMiscellaneous Application
…I have carefully considered this application and the submissions of both counsels.…
Division and case type: CivilMiscellaneous Application
…During the oral submissions of the application dated 26/9/2014, the applicant stated that he is the deceased’s son and that his mother was the deceased’s second wife .He states that the respondents should be evicted from…
…Counsel for the 1st respondent stated in the oral submissions that plot 053 and 054 and KANGARI/NDAGARE/763 are the property of the 1st respondent’s husband (now deceased) were was the son to the deceased .These property…
Division and case type: CivilMiscellaneous Application
…It would appear from the submissions made before me that that Civil Case is still pending determination.…
…A similar submission was made by Mr Onyancha, Mr Kathungu and Mr Prasad. The answer to that is very simple.…
Division and case type: ELRCMiscellaneous Application
…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: CivilMiscellaneous Application
…However, no further information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document…
Division and case type: CivilCivil Appli
…My view over the submissions is that the partiesstretched their arguments beyond the scope of the application.All that the application asks for is a stay under 0. 41 r. 4of Civil Procedure Rules to pend the hearing of the…
…Gikandi's submission is that the Courthaving given an order of Certiorari and mandamus those became"final" orders which cannot be stayed because it was adetermination on a substantive application for prerogativeorders.…
Division and case type: CivilMiscellaneous Application
…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: Milimani Commercial CourtsMiscellaneous Application
…In the light of that decision, there arose two competing submissions.…
…Ochieng Oduol, Counsel for the Respondent's submissions that even if specifically pleaded as in this case (HCCC No. 1055 of 2000 and Counter-claim in HCCC No. 822 of 1996) interest being at the discretion of the court cannot…
Division and case type: CivilMiscellaneous Application
…Momanyi's submissions, Mr. Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…
…After considering submissions by learned counsels for both parties, the pleadings before me, the law as provided in the Children’s Act, and the various International Legal Instruments to which Kenya is a signatory, I am satisfied…
Division and case type: CivilMiscellaneous Application
…It may or may not support one of the applicant’s submissions in his intended appeal. What, at any rate, before 1967, was the law in India on the matter?…
…He might also repeat his submissions that the Kenya order XXXIX rule 2, does not limit or affect the power of the court to grant an injunction under its inherent power to do so, though he may be hard put to suggest it was…
Division and case type: CivilMiscellaneous Application
…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…
Division and case type: CivilMiscellaneous Application
…We were denied his notes of the submissions of Mr Kuria for the company and Mr Le Pelley for the receivers, Bank and KCFC, probably because of lack of time to prepare them.…
…Seeing, therefore, we were not sitting on appeal from Mr Justice O’Connor, and for less were we dealing with the intended appeal, and cannot deal with the trial, much of what was put before us in documents, authorities and submissions…