Choge & 3 others v Republic
Division and case type: CriminalCriminal Appeal
…This formed the basis of the submissions of Mr.…
…Etyang’s submissions and there is no need for us to deal in any depth with his submissions on this point.…
Case law
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Division and case type: CriminalCriminal Appeal
…This formed the basis of the submissions of Mr.…
…Etyang’s submissions and there is no need for us to deal in any depth with his submissions on this point.…
Division and case type: CriminalMiscellaneous Criminal Application
…As can be seen from the aforesaid submissions two main issues have been raised.…
…In his submissions Mr Mussilli said the magistrate was so hostile that he committed the accused persons for trial to the High Court “wapende wasipende”.…
Division and case type: CivilCivil Appeal
…To buttress their submission, they cited and relied on a decision of the ordinary bench of the court in the case of Roman C Hintz v Mwangombe Mwakima [1988] 1 KAR 482 decided on the 26th July, 1984.…
…This is a bold submission and we must examine whether that contention is soundly based.…
Division and case type: CivilCivil Appeal
…At the conclusion of the evidence of the second respondent and the appellant and the Court having visited the land, it was during the course of submission on behalf of the appellant that the learned judge granted leave to…
…When this was realized at the hearing of the case and was made a ground of a submission by the appellant’s advocate, the first respondent, in consequence, and to meet the said objection, applied for leave to add the second…
Division and case type: CriminalCase number Criminal Application
…It was suggested in submission by counsel for the applicant that an applicant for bail under section 123(3) was entitled to trail his coat through every court and before every judge for fresh hearing. Held: 1.…
…I have heard this submission before although I have not been called upon to decide it. There seems to be a general misconception and misunderstanding on this matter, and I think I should say something about it.…
Division and case type: CivilCivil Suit
…Miss Chege for the plaintiff company states in herwritten submission that the defendant had assumed a veryevasive attitude as far as repayment of the loan wasconcerned.…
Division and case type: CivilCivil Appeal
…In my view, there is nothing in Mr Kariuki’s submissions to detract from the high persuasive value of Orpen’s case in this appeal. 46.…
…I have already, when analyzing the case of Hyde and another vs Johnson earlier, rejected this submission of Mr Kariuki. 49.…
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 Appeal
…Counsel handed in written submissions on the preliminary issue. On November 21, 1988, the Judge delivered a ruling with the startling heading Civil Case No 3131 of 1988 and Misc Case No 332 of 1988.…
Division and case type: CivilCivil Appeal
…In a rejoinder to the submissions made by the appellant’s counsel, the respondent’s counsel maintained that the appellant having failed to file any avoidance suit even after the declaratory suit was filed, the correct position…
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.…
Division and case type: CriminalCriminal Appeal
…Mr Prinja made submissions on 15 grounds of appeal on behalf of Anupchand and 13 for Vijay and Mr Metha replied to them for the Republic, and we are grateful to them for all the work and addition they have brought to bear…
…Here, in this case, after carefully considering all the arguments and submissions on both sides, and our own evaluation of the evidence adduced at the trial, we are left with no reasonable doubt Anupchand and Vijay were properly…
Division and case type: CivilCivil Appeal
…The submission in reply made by the advocate for the appellant was the simple one that the respondent was not in possession of the note on April 7, 1981, when it was not met, or on April 16, 1980, when this suit was filed…
…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…
…In thewritten submission by the defendant's advocate it is statedthat the conduct of the plaintiff company revealed malice. (Inote that during the hearing of this case the defendant wasrepresented by Mr.…
…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.…