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…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…

…Comprehensive submissions were made by both Mr Mutungi and Mr Arum for the 2nd respondent. Masime, J, rejected the preliminary objections based on these two issues.…

…In respect of the ground that there was no sufficient reason for granting the application for review Mr Gaturu’s submissions were levelled mainly on the following two matters: 1.…

…This case is also relevant to the third head of Mr Englehart’s submissions.…

…The point was noticed by counsel for the respondents during his submissions in the Westbourne Galleries case.…

…In his submissions the appellant repeated his contentions made in the superior court in respect of salary for 8 months, house allowance for 9 months and expenses incurred in travelling in connection with his work permit all…

…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…

…date, a matter which is quite different from the setting aside of the fundamental and substantial order of stay of proceedings which in any case, was not applied for or even mentioned by counsel for the respondent in his submissions…

…A third submission by Mr Ghadialy that the suit was unmaintainable because no award had been made as a result of the arbitration proceedings which could then give rise to a cause of action by the respondent, was also brushed…

…Accordingly, there is no merit in the answer to the applicant’s submissions on this point.…

…If this submission on behalf of the applicant is right, as I find that it is, then he is entitled to succeed regardless of his further submission that the Originating Summons is not the proper mode of obtaining a decision…

…Counsel’s submissions before the superior court rivetted around the letter date 10th May, 1990 the contents of which are set out above.…

…The trial judge adjudicated on the two rival submissions by holding that the copy of the letter aforementioned to the appellant constituted a notice as is required by law and that the appellant in responding to it on 24th…

…To buttress their submission, they cited and relied on a decision of the ordinary bench of the court in the case of Roman C Hintz v Mwangombe Mwakima [1988] 1 KAR 482 decided on the 26th July, 1984.…

…This is a bold submission and we must examine whether that contention is soundly based.…

…The learned Judge presumably, rejecting the submission that the matter should not have been brought by way of originating summons and being of the view that it was unnecessary to raise the matters involved by way of a suit…

…(as he then was) in Kenya Commercial Bank Ltd v James Osebe (supra): "In support of the first limb of his submissions Mr. Kwach cited Sir Ralph Windham C.J.'s judgment in Kulsumbhai v.…

…Lengthy submissions by advocates on both sides were made and on 15th December 1993, we delivered our ruling rejecting the application.…

…Somewhat lengthy submissions from advocates for both parties followed. Thereafter this Court gave its ruling dismissing the application calling for the said two judges to disqualify themselves.…

…That case had neither been cited nor had any submissions been made on it by counsel appearing before him. This then is the basis of the appellant’s complaint in its 12th ground of appeal.…

…He should, however, have brought this authority to the attention of counsel and heard their submissions on it.…

…K'owade's very persuasive submissions in opposition to the application, I am satisfied that this is a case in which in the exercise of my discretion judicially I should grant the application.…

…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…

…medical reports and written submissions of the counsel, cited authorities and in view of the fact that the plaintiff has taken long to heal from the injuries sustained in the accident which occurred on 27th February, 1987…

…It would appear from the submissions made before the learned single Judge that this position was not made very clear.…

…And those were the submissions on that evidence put before Mr Justice Masime.…

…He also referred to relevant paragraphs of Halsbury’s Laws of England, 4th ed (1973), Branca v Cobarro, [1949] 2 All ER 101 and Tarmohammed v Lakhani, [1958] EA 567 and the submissions of Mr Couldrey for the employer and…

…At the commencement of this appeal, Mr Omesh Kapila, learned counsel for the appellant, very wisely abandoned the second ground of appeal and made submissions only in relation to the first ground.…

…This submission is based on the belief that document signed by the appellant at the request of Mr Woodgates and to which I have already made reference was a legal discharge.…

…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…

…In his submissions Mr Imanyara for the Applicant contended among other things that his client should not penalised for not presenting his papers in time.…

…I have considered all the relevant material placed before me and the able submissions of the learned Advocates for the parties.…

…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…