Search court decisions

…From the material on record and the submissions of the counsels appearing it appears to me that central to the plaintiff’s application is the validity of the interest charged by the defendant.…

…I have considered the submissions of the learned counsels.…

…I bear in mind the affidavits of the parties on record and the submissions by both counsel.…

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…Plaintiff’s counsel in his written submission states that the agreement of 23.6.86 superceded and altered or varied the forfeiture clause in the first agreement and that the surrenders of the vehicle was meant to be the defendant…

…I do not subscribe to the latter submission. In support of his submissions, Mr Mohamed has cited several English authorities.…

…I have given consideration to submissions on quantum and I believe a multiplier of 26 years is appropriate. Loss of earnings therefore add up to kshs 800x12x26 = Kshs 249,600/=.…

…I have weighed the above evidence and submissions. I was particularly impressed by the evidence of PW1. He was straightforward person and his evidence was not hesitant as alleged bycounsel for the defendant.…

…I now turn to a consideration of the quantum of damages in light of the above evidence and submissions.…

…In their submissions both counsel have referred me to various cases as guide for damages. But there can be no denying that each case must be decided on its particular and peculiar facts.…

…Both learned counsel have also made their respective submissions and cited several authorities.…

…In his written submissions, Mr KM Maini, who was led by Mr.…

…The substance of both counsels’ submissions is on whether the promotions amounted to a rescission or variation of the original contract.…

…I will not at this stage deal with Mr Nowrojee’s submissions at any length because, with respect, I am in substantial agreement with all that he has stated.…

…Both learned counsel have also made their very able submissions for which I commend them. At the centre of this dispute are two documents attributed to the plaintiff.…

…At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…

…The grounds in support are set out in the body of the application, supporting affidavit and oral submissions in court and the key ones are that the defendants filed an application seeking to restrain the plaintiff from interfering…

…But before he opened his lips to make his final submissions Mr Kilonzo for the plaintiff, invited me to enter judgment against the defendant firm.…

…He claimed his authority for this submission on Order 9B rule 6 of the Civil Procedure Rules. I declined to do this but said I would give my reasons for this in my judgment.…

…and in support of his argument has cited the case of Damodar Jinabhai & Co Ltd and another v Eustace Sisal Estates Ltd. [1967] EA 153 where at page 155 Sir Charles Newbold, P., said inter alia: “Before I deal with these submissions…

…The learned judge did not accept the submission that a point of law takes a case out of the ambit of Order XII r. 6.…

…From the submissions advanced, Messrs Wambugu & Company advocates honoured their professional undertaking and released sum of Kshs 7,543,467.65 towards the redemption of the mortgaged property.…

…From the submissions advanced, Messrs Wambugu & Company advocates honoured their professional undertaking and released sum of Kshs 7,543,467.65 towards the redemption of the mortgaged property.…

…She heard and recorded Mr Taib Ali Taib’s submissions. She perused the chamber summons. She perused the supporting affidavits deponed by the applicants.…

…It is after this assurance that I took time to consider the application, its opposition, arguments, counter-arguments, affidavits in support, affidavits in opposition, authorities and submissions.…