“"submissions"” — court decisions

Judgment[1995] KECA 14213 August 1995

Daniel M. Njai v High View Farm Ltd & another

Court of Appeal at NairobiBhandari,judge stated Court,JUDGE APPEALCase number Civil Appeal 139 of 1989

Division and case type: CivilCivil Appeal

…At the conclusion of the evidence of the second respondent and the appellant and the Court having visited the land, it was during the course of submission on behalf of the appellant that the learned judge granted leave to…

…When this was realized at the hearing of the case and was made a ground of a submission by the appellant’s advocate, the first respondent, in consequence, and to meet the said objection, applied for leave to add the second…

appeal failsDismissed11 min read

Judgment[1993] KEHC 2020 September 1993

PRUDENTIAL FINANCE LIMITED v JOHNSON NGANGA MBUGUA

High Court at NairobiDugdale,Bunei,Kariuki,Mutua,Mbugua,WilsonKipkoti Managing Director,Kipkoti,Wilson Kipkoti,NgugiCase number Civil Suit 3512 of 1990

Division and case type: CivilCivil Suit

…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.…

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…In my view, there is nothing in Mr Kariuki’s submissions to detract from the high persuasive value of Orpen’s case in this appeal. 46.…

…I have already, when analyzing the case of Hyde and another vs Johnson earlier, rejected this submission of Mr Kariuki. 49.…

Judgment[1985] KECA 365 March 1985

Kenya Cargo Handling Services Limited v David Ugwwang

Court of Appeal at MalindiBhandari,JUDGE APPEALCase number Civil Appeal 64 of 1984

Division and case type: CivilCivil Appeal

…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…

…The submissions of Mr Aboo and of Mr Kassim were ably put but in the end those of Mr Aboo do not prevail in the circumstances of this appeal and, in my judgment, the ruling of Mr Justice Bhandari was correct.…

22 min read

Judgment[1990] KECA 2519 February 1990

MUNGA CONCRETE WORKS LTD v INDUSTRIAL DEVELOPMENT BANK LTD

Court of Appeal at NairobiJudge specifically holds HCCC,JUDGE APPEAL,KariukiCivil Case No 3131 of 1988

Division and case type: CivilCivil Appeal

…Counsel handed in written submissions on the preliminary issue. On November 21, 1988, the Judge delivered a ruling with the startling heading Civil Case No 3131 of 1988 and Misc Case No 332 of 1988.…

appeal is allowedAllowed6 min read

Judgment[2008] KEHC 25328 December 2008

BLUESHIELD INSURANCE CO. LTD v SAMUEL NYAGA NGURUKIRI

High Court at Nairobitrial magistrate the respondent testified that he was injured whilst traveling in the subject vehicle,He,NjiruCase number Civil Appeal 860 of 2004

Division and case type: CivilCivil Appeal

…In a rejoinder to the submissions made by the appellant’s counsel, the respondent’s counsel maintained that the appellant having failed to file any avoidance suit even after the declaratory suit was filed, the correct position…

9 min read

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

…Satchu’s arguments that his submissions and the decisions which he cited did not touch on the real issue of jurisdiction. 41.…

Judgment[1984] KECA 1719 February 1984

Kanji v Agriquip Agencies (EA) Ltd

Court of Appeal at Nairobitaxation of the bill of costs,HeCase number Civil Appeal 55 of 1982

Division and case type: CivilCivil Appeal

…The submission in reply made by the advocate for the appellant was the simple one that the respondent was not in possession of the note on April 7, 1981, when it was not met, or on April 16, 1980, when this suit was filed…

…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…

Appeal dismissedDismissed