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: Anti-CorruptionCivil Suit
…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.…
Division and case type: CivilMiscellaneous Application
…I have carefully considered this application and the submissions of both counsels.…
Division and case type: CivilCivil Suit
…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/-.…
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: CivilCivil Suit
…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: CivilCivil Suit
…I have given due consideration to these submissions. The jurisdiction of the High Court is not being challenged by the defendant.…
Division and case type: CivilCivil Suit
…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.…
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 Suit
…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 Suit
…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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Suit
…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.…
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: CivilCivil Suit
…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.…
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: CivilCivil Suit
…Other matters which emerged in the submissions of Mr Machira for the applicant and Mr Nowrojee for the respondent were these.…