Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…During the oral submissions of the application dated 26/9/2014, the applicant stated that he is the deceased’s son and that his mother was the deceased’s second wife .He states that the respondents should be evicted from…
…Counsel for the 1st respondent stated in the oral submissions that plot 053 and 054 and KANGARI/NDAGARE/763 are the property of the 1st respondent’s husband (now deceased) were was the son to the deceased .These property…
Division and case type: CivilCivil Case
…His contention and submission was that he did not have notice of the time and place of trial.…
…In the foregoing circumstances and in deference to Mr Nanji’s submissions I am inclined to exercise my judicial discretion in favour of setting aside and will mulct Mr Shah personally to pay the costs of the plaintiff and…
Division and case type: CivilCivil Suit
…I have given due consideration to these submissions. The jurisdiction of the High Court is not being challenged by the defendant.…
Division and case type: CivilCivil Appeal
…In support of his submissions, Mr Pandya referred us to a passage in Mogregor on Damages, 15th Edition, paragraph 1593 under the heading “infant children”.…
…It is clear to us that the burden of Mr Pandya’s submissions, supported by these authorities, is that, as the deceased boy was only six years old, he could not have been in a position to make any contribution of a pecuniary…
Division and case type: CivilCivil Case
…After having carefully considered Mr Obhrai’s submission in relation to these rather conflicting averments in the affidavits of the 2 council senior employees I find myself agreeing with Mr Sereje and Bana that Messrs Arun…
…When all is said and done in this case I still fail to find, either in the affidavits filed in support of the application or in the submissions of Mr Obhrai, any feature which brings the application within the ambit of order…
Division and case type: CivilCivil Suit
…In his submissions the counsel proposed shs.2,005,020/=. Using the formula salary 15,000/= x12 months x 14 years at the time of death the deceased he was aged 51 years.…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…I have considered the submissions of both counsel. I have also perused the authorities submitted by both counsel.…
Division and case type: CivilCivil Appli
…My view over the submissions is that the partiesstretched their arguments beyond the scope of the application.All that the application asks for is a stay under 0. 41 r. 4of Civil Procedure Rules to pend the hearing of the…
…Gikandi's submission is that the Courthaving given an order of Certiorari and mandamus those became"final" orders which cannot be stayed because it was adetermination on a substantive application for prerogativeorders.…
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.…
Division and case type: CivilCivil Case
…In their submissions both counsel have referred me to various cases as guide for damages. But there can be no denying that each case must be decided on its particular and peculiar facts.…
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.…
…The further matter arising on this appeal is in respect of a submission by Mr. Inamdar that the respondent as applicant in the High Court did not make a full and frank disclosure.…
Division and case type: CivilCivil Appeal
…From the papers filed and the submissions made by the counsel for the respondent it does not appear. To my mind, that consent was unreasonably withheld prior to coming to court.…