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…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.…

…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.…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…Counsel for the respondent on the other hand opposed the appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination…

…We have carefully analysed and re-evaluated the entire evidence adduced at the trial and considered the submissions of learned counsel and indicated our ndings thereon.…

…The defendants on their part did not offer any evidence but their advocates filed written submissions.…

…In his submissions to court the appellant who was appearing in person reiterated the contents of the memo of appeal adding that Kshs.500/= was for food, 500/= for a blanket and 600/= just as gifts.…

…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…

…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…

…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…

…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…

…After careful consideration of Mr Wasuna’s submission on this aspect, I do not think the appellant was precluded on the pleadings from alleging and proving contributory negligence if he could.…

…The learned trial judge did not take into consideration that part of the submission of the respondent regarding general damages were vague, speculative and conjectural without evidence being let on it, and hence should have…

…At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…

…The appellant in his submissions to us reiterated that which is contained in the above summed up grounds of appeal.…

…Shakeel was acting as an agent for his father the defendant, so as to bind him by the agreement was never an issue in the case, and he took this court in detail through the pleadings and the record in order to demonstrate his submissions…

…Having come to this conclusion I do not need to decide on the sixth issue nor on the fteenth ground of appeal, as to whether specic performance should be ordered, both counsel who appeared before us having reserved their submissions…

…In his oral submissions in court counsel for the defendant/applicant maintained that they are entitled to the reliefs sought on the following grounds:- 1.…