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…With the leave of the court parties filed very detailed and elaborate submissions to the application.…

…The Plaintiff/Applicant filed their submission on 15th October 2012 and replying submissions on 18th April 2013, while the Defendant/Respondent filed its submissions on 11th December 2012. 7.…

…Through their respective Advocates, each of the parties filed written submissions.…

…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…

…Through their respective Advocates, each of the parties filed written submissions.…

…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…

…At the hearing of the application, I heard rival submissions made by Mr. Wena on behalf of the applicant and by Mr. Gachuhi for the respondent. I have carefully considered the said submissions made.…

…Mr Hewett in his submissions contended that the transfer of charge put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer…

…He, however, ended his submissions with urging the court that if I was against him on all his points then his client’s liability should be restricted to only 35.7% of the amount paid by the plaintiff and not 100% as claimed…

…The appeal must succeed on the submissions of the learned counsel for the appellant which are uncontroverted.…

…According to the memorandum of appeal; the Magistrate ignored the appellant’s defence, evidence and the submissions; that she did not consider all the evidence and that she failed to apply correct legal principles in determining…

…These are submissions made in this appeal which I heard, recorded and have considered.…

…With the leave of the Court, each of the parties filed written submissions and detailed lists of authorities. Mr.…

…In his submissions, Mr.…

…He submitted to the Court a certificate in support of that submission.…

…I have considered with atmost care the authorities cited and the submissions made by the both sides. Section 356 of the Criminal Procedure Code permits admission to bail pending appeal.…

…In the light of that decision, there arose two competing submissions.…

…Ochieng Oduol, Counsel for the Respondent's submissions that even if specifically pleaded as in this case (HCCC No. 1055 of 2000 and Counter-claim in HCCC No. 822 of 1996) interest being at the discretion of the court cannot…

…The Statement of Defence was re-amended on 4/6/2000 and plaintiff amended plaint on 5/6/2009 after taking all evidence on both sides the plaintiff opted to file written submission and the defendant counsel for defendant to…

…The defendant’s counsel made oral submissions. Firstly, he submitted that the plaint discloses no cause of action saying that the plaintiff got possession from 21/5/2004.…

…I have considered the application, the affidavits filed both for and in opposition to the application, the submissions of counsel and the authorities cited to me. Having done so, I take the following view of the matter.…

…From the material on record and the submissions of the counsels appearing it appears to me that central to the plaintiff’s application is the validity of the interest charged by the defendant.…

…I have considered the submissions of the learned counsels.…

…I will not at this stage deal with Mr Nowrojee’s submissions at any length because, with respect, I am in substantial agreement with all that he has stated.…

…But before he opened his lips to make his final submissions Mr Kilonzo for the plaintiff, invited me to enter judgment against the defendant firm.…

…He claimed his authority for this submission on Order 9B rule 6 of the Civil Procedure Rules. I declined to do this but said I would give my reasons for this in my judgment.…

…The grounds in support are set out in the body of the application, supporting affidavit and oral submissions in court and the key ones are that the defendants filed an application seeking to restrain the plaintiff from interfering…