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…He concluded by urging the Court to allow the appeal. [14] Mr Kepha Onyiso a Senior Principal State Counsel in the Attorney General’s office filed written submissions on behalf of the respondent.…

…In the submissions two main issues were identified for determination.…

…Their advocate, Mr Chege, put forward submissions in support of the application. There was no time for Mr Agina for the respondents to reply. So the matter was put off to another day.…

…It was also Mr Chege’s submission that the respondents took law into their hands by moving into the suit premises and evicting his clients by force instead of following legal channels.…

…In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded. He has supported his argument with English authorities.…

…Exhibit 1,2 and 4 and the written submissions by the learned counsels for the parties. M/s Wetangula & Co Advocates for the defendant suggests a figure of Shs 80,000/- M/s KJ Kinyanjui a figure of Shs 170,000/-.…

…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…

…I have given due consideration to these submissions. The jurisdiction of the High Court is not being challenged by the defendant.…

…I agree with the defence submission that no special damages were pleaded in the plaint and as such no such special damages can be awarded.…

…This the plaintiff failed to do in this case and cannot come up to claim such special damages in his written submissions and hope to be awarded the same by this Court.…

…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…

…The application is supported by the affidavit in support, annextures and oral submissions in Court.…

…The respondent/defendant has opposed the application on the grounds of opposition filed herein and replying affidavit as well as oral submission in Court.…

…What emerges from the pleadings filed by the parties in connection with this application and submissions by learned counsel for both parties is that the plaintiff does not really seriously contest the defendant’s basic argument…

…In his submissions the counsel proposed shs.2,005,020/=. Using the formula salary 15,000/= x12 months x 14 years at the time of death the deceased he was aged 51 years.…

…The Respondent denies the allegations of trespass and/or damage to the Applicant’s fence and clearly demonstrates both in his pleadings and submissions by Counsel that he is opposed to the Applicant’s fencing of the plot.…

…Other matters which emerged in the submissions of Mr Machira for the applicant and Mr Nowrojee for the respondent were these.…

…Miss Chege for the plaintiff company states in herwritten submission that the defendant had assumed a veryevasive attitude as far as repayment of the loan wasconcerned.…

…In thewritten submission by the defendant's advocate it is statedthat the conduct of the plaintiff company revealed malice. (Inote that during the hearing of this case the defendant wasrepresented by Mr.…

…I have considered the submissions with anxious care, and I would hesitate long before differing from the learned judge’s findings of fact, particularly in this case because he clearly took so much trouble in dealing with…

…misdirected himself on the legal necessity for corroboration of the evidence of the three boys he would then have been left with three substantive witnesses as to fact, plus other evidence which Mr Osoro indicated in his submissions…

…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…

…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…

…In his oral submissions in court counsel for the defendant/applicant maintained that they are entitled to the reliefs sought on the following grounds:- 1.…