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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…

…The appeals were argued by written submissions of counsel for the parties which were filed in court – (see the order of court – Justices Amin (as he was then and Kuloba dated 27th July 2000).…

…After the submissions were filed, the judges wrote and delivered the following judgment on 7th August, 2001:- “We have duly perused the memorandum of appeal, the record of appeal and these we have fully considered in the…

…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.…

…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.…

…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.…

…That the court considers the 2.that the court considers the submissions filed in respect of the appeal and other additional submissions as a basis of hearing the appeal on merit. 3. Costs.…

…Mutunga also, were submissions to be considered in determining the appeal herein. On 18.2.88 Torgbor Judge said: "....... this matter is stood over generally.…

…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…

…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.…

…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.…

…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…

…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.…

…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…

…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.…

…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.…

…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.…

…I have considered the submissions of the learned counsels. Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…