Case law
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Division and case type: CivilCivil Case
…Submissions 13. On 18th May, 2023 the Court directed that the application be canvassed by way of written submissions. The Parties complied. Petitioner’s submissions 14.…
…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…
Division and case type: CivilCivil Case
…He contended in court during submissions that after the order for stay was dismissed on 26th June, 1986, and the attachment order was still in force, he instructed another firm of auctioneers, Excellent Auctioneers to advertise…
…I considered the application, plus the submissions of both learned counsel.…
Division and case type: CivilCivil Case
…Together with that I have the submissions of both learned counsel, given to me in great detail outlining “the history’ of this case as they called it. If I understood Mr.…
…Kiania Njau, disagreed with this submission, and submitted that according to the provisions of subsection 4 of Section 10 of Cap 405, it is not enough for an insurer to say that he has filed a case against its insured to…
Division and case type: CivilCivil Case
…I have also given due consideration to the submissions of the learned counsels appearing, including the cases cited.…
…The Judgment-Debtor, from the submissions of its learned counsel, has no quarrel with the court’s calculation of the decretal sum, notwithstanding what is stated in paragraph 9 of the supporting affidavit.…
Division and case type: CivilCivil Case
…Further submission by Miss Mwaura showed that subsequent to 30/9/81 on 14/12/82 at a joint Board Meeting between the 1st and 2nd defendant (Minute 13 (P W 6) thought the loan had been paid in full the defendant/respondent…
…After these submissions by both counsels, I requested for further particulars from the defendants to show the sum still owing according to them and on 17/1/84 Mr Kwach for the defendants filed in court a supplementary affidavit…
Division and case type: CivilCivil Case
…In his oral submissions before me Mr Masese even argued that the court has no jurisdiction to entertain the claim under the said Act.…
…I find no merit in Mr Masese’s submissions in law and or on facts.…
Division and case type: CivilCivil Case
…Gautama in her affidavit and submissions. She calls him crude and savage – a felonious man worse than her husband. And she adds for good measure that she has been a victim of injustice in this country.…
…It is altogether a most confused affidavit but I have read every line of it very carefully and considered everything the plaintiff has said in her affidavit and in her submissions.…
Division and case type: CivilCivil Case
…I then ordered that counsel were to make written submissions; Mr. Pandya for the Plaintiff was to supply the Court with his submissions within seven days from the date of the hearing. Mrs.…
…Pandya’s submissions were received on the 21st July, 1992. By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…
Division and case type: CivilCivil Case
…In reply to Mr Lakha’s submissions Mr Hewitt conceded that the aforesaid agreement was a contractual licence but argued that since it was for a fixed term it was obligatory for the defendant to abide by it or else be held…
…This in effect is the substance of Mr Lakha’s submissions, as I understand them.…
Division and case type: CivilCivil Case
…Muriithi for the plaintiff to put in his submissions on the 23.4.96 at 2.30 p.m. For three years nothing happened on this file.…
…Muriithi proceeded with his submission whereby he stated that the injuries sustained by the plaintiff should be awarded Ksh.450,000/- as 15 years ago.…
Division and case type: CivilCivil Case
…On considering of all the facts before me, and the submissions made by the learned counsel I find that the facts pertaining to this application are entirely distinct from the circumstances and facts of the decision cited…
…to me made in Irons Treades Employers Association Ltd (supra on which Mr Maini makes considerable reliance in support of his submission.…
Division and case type: CivilCivil Case
…I have considered the submissions of the learned counsels. Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…
Division and case type: CivilCivil Case
…I also have submissions made by both learned counsel appearing.…
Division and case type: CivilCivil Case
…Upon close of oral evidence both parties were invited to le written submissions.…
…The plaintis led the written submissions dated 1st July 2024, whilst the Defendants relied upon their written submissions dated 22nd September 2024. Analysis and Determination 19.…
Division and case type: CivilCivil Case
…His contention and submission was that he did not have notice of the time and place of trial.…
…In the foregoing circumstances and in deference to Mr Nanji’s submissions I am inclined to exercise my judicial discretion in favour of setting aside and will mulct Mr Shah personally to pay the costs of the plaintiff and…
Division and case type: CivilCivil Case
…After the evidence, I received written submissions, which now form part of the record.…
…In this aspect, I am in agreement with Mr Shimenga’s submission that by the defendant’s act of transporting the tea a few days after the expiry of the contract aforesaid, the original agreement between them continued to operate…
Division and case type: CivilCivil Case
…The learned counsel appearing for the parties herein have also made their submissions which I have on record. Some authorities have also been cited. The applicant has filed a Notice of Appeal.…
Division and case type: CivilCivil Case
…The submissions by applicant’s counsel on the issue are superfluous. As for prayer (6) in the application, review of the ruling of this Court is sought.…
…Learned counsel for the applicant, Mr KJ Kinyanjui appeared to appreciate this during his submissions before me in this matter. He, however, lacked the courage to abandon the prayer.…
Division and case type: CivilCivil Case
…The submissions by applicant’s counsel on the issue are superfluous. As for prayer (6) in the application, review of the ruling of this Court is sought.…
…Learned counsel for the applicant, Mr KJ Kinyanjui appeared to appreciate this during his submissions before me in this matter. He, however, lacked the courage to abandon the prayer.…
Division and case type: CivilCivil Case
…The submissions by applicant’s counsel on the issue are superfluous. As for prayer (6) in the application, review of the ruling of this Court is sought.…
…Learned counsel for the applicant, Mr KJ Kinyanjui appeared to appreciate this during his submissions before me in this matter. He, however, lacked the courage to abandon the prayer.…