Search court decisions

…It would appear from the submissions made before me that that Civil Case is still pending determination.…

…A similar submission was made by Mr Onyancha, Mr Kathungu and Mr Prasad. The answer to that is very simple.…

…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.…

…The learned counsel appearing for the parties herein have also made their submissions which I have on record. Some authorities have also been cited. The applicant has filed a Notice of Appeal.…

…K'owade's very persuasive submissions in opposition to the application, I am satisfied that this is a case in which in the exercise of my discretion judicially I should grant the application.…

…After the evidence, I received written submissions, which now form part of the record.…

…In this aspect, I am in agreement with Mr Shimenga’s submission that by the defendant’s act of transporting the tea a few days after the expiry of the contract aforesaid, the original agreement between them continued to operate…

…I also have submissions made by both learned counsel appearing.…

…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied two issues for determination. a. Whether the Petitioners application for conservatory orders is merited. b.…

…The Petitioner’s counsel in his submissions led earlier and dated 9-12-2025 had also identied the same singular issue as the one calling for determination. 12.…

…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied two issues for determination. a. Whether the Petitioners application for conservatory orders is merited. b.…

…The Petitioner’s counsel in his submissions led earlier and dated 9-12-2025 had also identied the same singular issue as the one calling for determination. 12.…

…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied two issues for determination. a. Whether the Petitioners application for conservatory orders is merited. b.…

…The Petitioner’s counsel in his submissions led earlier and dated 9-12-2025 had also identied the same singular issue as the one calling for determination. 12.…

…Parties’ submissions 24. The application was canvassed by way of written submissions. The Applicant led his dated 16th December 2025.…

…The Respondents led their submissions dated 26th December 2025. The submissions were a regurgitation of the contents of their Replying Adavit sworn on 14th October 2025.…

…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…

…The submissions by applicant’s counsel on the issue are superfluous. As for prayer (6) in the application, review of the ruling of this Court is sought.…

…Learned counsel for the applicant, Mr KJ Kinyanjui appeared to appreciate this during his submissions before me in this matter. He, however, lacked the courage to abandon the prayer.…

…The submissions by applicant’s counsel on the issue are superfluous. As for prayer (6) in the application, review of the ruling of this Court is sought.…

…Learned counsel for the applicant, Mr KJ Kinyanjui appeared to appreciate this during his submissions before me in this matter. He, however, lacked the courage to abandon the prayer.…

…This court will set out the appropriate orders and rules shortly so that the plaintiff can be aware of the wrongful submissions being put forward based on misinterpretation of the very clear orders and rules to be forced…

…At some stage in this answer to Mr Oraro’s submissions Mr Ombaka submitted that an interlocutory court (meaning this court) cannot decide on the merits of a suit which the court has not been able assess the merits by way…

…It would appear from the submissions made before the learned single Judge that this position was not made very clear.…

…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…

…The two counsel filed written submissions and quoted several cases which I have read and considered.…

…The plaintiff has been challenged in the written submissions for not producing or naming anybody whom Lawi bullied.…

…In the record from the lower court and even in his submissions before this court, the appellant has repeatedly stressed his contribution towards the acquisition of the matrimonial home and that he is a coowner with the respondent…

…I also have the submissions of both counsel on record. The applicant having filed a notice of appeal, an appeal to the Court of Appeal shall be deemed to have been filed (Order 41 Rule 4(4).…