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…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.…

…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…

…I also have submissions made by both learned counsel appearing.…

…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.…

…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.…

…The two counsel filed written submissions and quoted several cases which I have read and considered.…

…The plaintiff has been challenged in the written submissions for not producing or naming anybody whom Lawi bullied.…

…I also have the submissions of both counsel on record. The applicant having filed a notice of appeal, an appeal to the Court of Appeal shall be deemed to have been filed (Order 41 Rule 4(4).…

…After having carefully considered Mr Obhrai’s submission in relation to these rather conflicting averments in the affidavits of the 2 council senior employees I find myself agreeing with Mr Sereje and Bana that Messrs Arun…

…When all is said and done in this case I still fail to find, either in the affidavits filed in support of the application or in the submissions of Mr Obhrai, any feature which brings the application within the ambit of order…

…Whereupon respective parties opted to file and exchange written submissions. This was subsequently done. I have carefully read and considered them together with cited authorities.…

…Secondly, the 1st defendant claims in his submissions that from the copy of the title extract produced in court it is clear that no particulars of any trust are noted therein.…

…It was also his submission that the Plaintiff was not a party to High Court Civil Case No. 159 of 1992 which the second Defendant had quoted in his replying as having given the Defendants rights over the disputed land.…

…Responding to the Plaintiff’s Advocates submission that the first Defendant had not filed an affidavit, he stated that there was no law which required one Defendant not to swear an affidavit on his behalf and on behalf of…

…In his submissions Mr Imanyara for the Applicant contended among other things that his client should not penalised for not presenting his papers in time.…

…I have considered all the relevant material placed before me and the able submissions of the learned Advocates for the parties.…

…before me for hearing on 28th June, 1989 and on perusing the record I noticed that there was not much dispute on the facts of the case and accordingly with consent of the advocates for the parties I ordered that written submissions…

…By 21st September, 1989 the last submissions had been filed and served. The issue that can be conveniently disposed of first in this judgment, is the alleged intermeddling with the estate of Daniel Gitau Mute.…

…I have carefully considered the nature of injuries sustained by the Plaintiff and taking into account the Submissions of her Counsel I am in agreement that an award of Kshs. 1,000,000/= would be fair compensation for the…

…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…

…I have considered the submissions of both counsel. I have also perused the authorities submitted by both counsel.…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…Counsel for the respondent on the other hand opposed the appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination…

…On the submission by Mr Ngobi, that the manner in which the defendant charged interest offended public policy Mr Oyatsi’s response was simple and short. The plaintiffs did not state which public policy was infringed.…

…Mr Oyatsi’s submission with regard to compound interest was that the defendant was entitled to charge compound interest under the contract between the parties.…

…The Statement of Defence was re-amended on 4/6/2000 and plaintiff amended plaint on 5/6/2009 after taking all evidence on both sides the plaintiff opted to file written submission and the defendant counsel for defendant to…

…The defendant’s counsel made oral submissions. Firstly, he submitted that the plaint discloses no cause of action saying that the plaintiff got possession from 21/5/2004.…

…I have considered the application, the affidavits filed both for and in opposition to the application, the submissions of counsel and the authorities cited to me. Having done so, I take the following view of the matter.…

…Defendants counsel however made lengthy written submissions to the effect that the contract of 20.11.85 was not revoked by the agreement of 23.6.86; that the agreement of 20.11.85 oral evidence to support that agreement is…

…Plaintiff’s counsel in his written submission states that the agreement of 23.6.86 superceded and altered or varied the forfeiture clause in the first agreement and that the surrenders of the vehicle was meant to be the defendant…