Case law
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Division and case type: CivilMiscellaneous Application
…I have carefully considered this application and the submissions of both counsels.…
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: 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: 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: 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: 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: CivilMiscellaneous Application
…It may or may not support one of the applicant’s submissions in his intended appeal. What, at any rate, before 1967, was the law in India on the matter?…
…He might also repeat his submissions that the Kenya order XXXIX rule 2, does not limit or affect the power of the court to grant an injunction under its inherent power to do so, though he may be hard put to suggest it was…
Division and case type: CivilMiscellaneous Application
…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…
Division and case type: CivilMiscellaneous Application
…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…