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…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…

…I have carefully considered this application and the submissions of both counsels.…

…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…

…Upon close of oral evidence both parties were invited to le written submissions.…

…The plaintis led the written submissions dated 1st July 2024, whilst the Defendants relied upon their written submissions dated 22nd September 2024. Analysis and Determination 19.…

…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…

…Whereupon respective parties opted to file and exchange written submissions. This was subsequently done. I have carefully read and considered them together with cited authorities.…

…Secondly, the 1st defendant claims in his submissions that from the copy of the title extract produced in court it is clear that no particulars of any trust are noted therein.…

…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.…

…Of the cases cited to the learned judge by both counsel in the court below some were irrelevant to the injuries sustained by the respondent and it appears that the full judgments were not produced with the written submissions…

…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.…