Search court decisions

…With due respect we do not think Miss Nyaanga’s submissions are quite correct. The procedure followed in commencing these proceedings, is in our view, proper.…

…It follows therefore that Miss Nyaanga’s submissions to the contrary have no substance.…

…Both counsel for the plaintiff and defendant filed very detailed written submissions in respect of their respective positions.…

…The defendant also filed written submissions which I have taken into consideration. 8.…

…Submissions 13. On 18th May, 2023 the Court directed that the application be canvassed by way of written submissions. The Parties complied. Petitioner’s submissions 14.…

…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…

…He contended in court during submissions that after the order for stay was dismissed on 26th June, 1986, and the attachment order was still in force, he instructed another firm of auctioneers, Excellent Auctioneers to advertise…

…I considered the application, plus the submissions of both learned counsel.…

…With the leave of the court parties filed very detailed and elaborate submissions to the application.…

…The Plaintiff/Applicant filed their submission on 15th October 2012 and replying submissions on 18th April 2013, while the Defendant/Respondent filed its submissions on 11th December 2012. 7.…

…Through their respective Advocates, each of the parties filed written submissions.…

…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…

…Through their respective Advocates, each of the parties filed written submissions.…

…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…

…Together with that I have the submissions of both learned counsel, given to me in great detail outlining “the history’ of this case as they called it. If I understood Mr.…

…Kiania Njau, disagreed with this submission, and submitted that according to the provisions of subsection 4 of Section 10 of Cap 405, it is not enough for an insurer to say that he has filed a case against its insured to…

…I have also given due consideration to the submissions of the learned counsels appearing, including the cases cited.…

…The Judgment-Debtor, from the submissions of its learned counsel, has no quarrel with the court’s calculation of the decretal sum, notwithstanding what is stated in paragraph 9 of the supporting affidavit.…

…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…

…Further submission by Miss Mwaura showed that subsequent to 30/9/81 on 14/12/82 at a joint Board Meeting between the 1st and 2nd defendant (Minute 13 (P W 6) thought the loan had been paid in full the defendant/respondent…

…After these submissions by both counsels, I requested for further particulars from the defendants to show the sum still owing according to them and on 17/1/84 Mr Kwach for the defendants filed in court a supplementary affidavit…

…At the hearing of the application, I heard rival submissions made by Mr. Wena on behalf of the applicant and by Mr. Gachuhi for the respondent. I have carefully considered the said submissions made.…

…In his oral submissions before me Mr Masese even argued that the court has no jurisdiction to entertain the claim under the said Act.…

…I find no merit in Mr Masese’s submissions in law and or on facts.…

…Mr Hewett in his submissions contended that the transfer of charge put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer…

…He, however, ended his submissions with urging the court that if I was against him on all his points then his client’s liability should be restricted to only 35.7% of the amount paid by the plaintiff and not 100% as claimed…

…Gautama in her affidavit and submissions. She calls him crude and savage – a felonious man worse than her husband. And she adds for good measure that she has been a victim of injustice in this country.…

…It is altogether a most confused affidavit but I have read every line of it very carefully and considered everything the plaintiff has said in her affidavit and in her submissions.…

…I then ordered that counsel were to make written submissions; Mr. Pandya for the Plaintiff was to supply the Court with his submissions within seven days from the date of the hearing. Mrs.…

…Pandya’s submissions were received on the 21st July, 1992. By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…

…In reply to Mr Lakha’s submissions Mr Hewitt conceded that the aforesaid agreement was a contractual licence but argued that since it was for a fixed term it was obligatory for the defendant to abide by it or else be held…

…This in effect is the substance of Mr Lakha’s submissions, as I understand them.…

…Muriithi for the plaintiff to put in his submissions on the 23.4.96 at 2.30 p.m. For three years nothing happened on this file.…

…Muriithi proceeded with his submission whereby he stated that the injuries sustained by the plaintiff should be awarded Ksh.450,000/- as 15 years ago.…

…On considering of all the facts before me, and the submissions made by the learned counsel I find that the facts pertaining to this application are entirely distinct from the circumstances and facts of the decision cited…

…to me made in Irons Treades Employers Association Ltd (supra on which Mr Maini makes considerable reliance in support of his submission.…