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…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…

…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.…

…It was also his submission that the Plaintiff was not a party to High Court Civil Case No. 159 of 1992 which the second Defendant had quoted in his replying as having given the Defendants rights over the disputed land.…

…Responding to the Plaintiff’s Advocates submission that the first Defendant had not filed an affidavit, he stated that there was no law which required one Defendant not to swear an affidavit on his behalf and on behalf of…

…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.…

…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.…

…I have carefully considered the nature of injuries sustained by the Plaintiff and taking into account the Submissions of her Counsel I am in agreement that an award of Kshs. 1,000,000/= would be fair compensation for the…

…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…

…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.…

…This was one of many inconsistencies in the respondent’s case to which Mr Onyinkwa, appearing on behalf of the appellant, pointed in the course of his submissions.…

…I say unhesitatingly that he was wrong in his submission. Apart from anything else it is unlikely that a farm pickup, as it is described in the Arrears Report, could have such a colossal earning capacity.…

…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.…

…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.…