Case law
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Division and case type: CivilCivil Appeal
…That case had neither been cited nor had any submissions been made on it by counsel appearing before him. This then is the basis of the appellant’s complaint in its 12th ground of appeal.…
…He should, however, have brought this authority to the attention of counsel and heard their submissions on it.…
Division and case type: CivilCivil 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.…
Division and case type: CriminalCriminal Appeal
…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied 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 identied the same singular issue as the one calling for determination. 12.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCase number Civil Application
…It would appear from the submissions made before the learned single Judge that this position was not made very clear.…
Division and case type: CriminalCriminal Appeal
…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…
Division and case type: ELRCMiscellaneous Application
…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied 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 identied the same singular issue as the one calling for determination. 12.…
Division and case type: CivilCivil Appeal
…And those were the submissions on that evidence put before Mr Justice Masime.…
…He also referred to relevant paragraphs of Halsbury’s Laws of England, 4th ed (1973), Branca v Cobarro, [1949] 2 All ER 101 and Tarmohammed v Lakhani, [1958] EA 567 and the submissions of Mr Couldrey for the employer and…
Division and case type: CivilCivil Appeal
…At the commencement of this appeal, Mr Omesh Kapila, learned counsel for the appellant, very wisely abandoned the second ground of appeal and made submissions only in relation to the first ground.…
…This submission is based on the belief that document signed by the appellant at the request of Mr Woodgates and to which I have already made reference was a legal discharge.…
Division and case type: CivilMiscellaneous Application
…decisions of the parties to the litigation. (4) I hold no shares in any of the companies parties to litigation. (5) I was trained from my earliest days at the Bar and on the Bench to decide cases on the evidence before me and submissions…
…informed person would on the correct facts reasonably apprehend that the judge has not or will not bring an impartial mind to bear on the adjudication of the case, that is a mind open to persuasion by the evidence and the submissions…
Division and case type: CivilORIGINATING SUMMONS
…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.…
Division and case type: CriminalCriminal Appeal
…It was this payment in the charge sheet which gave rise to the first ground in the memorandum of appeal to this court and formed the main basis of the submissions of Mr Otumba on behalf of the appellant.…
…We gave leave to Mr Etyang to argue the issue before us, but as we indicated during the course of his submissions, there was no evidence that the vehicle, which was produced as an Exhibit, was the one which was being contemplated…
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: CriminalCriminal Appeal
…Submissions are made frequently on the ground of misdirection that the summing-up did not contain some important issues for consideration.…
…It is only when the notes appear on the record that the submissions can be maintained or answered.”…
Division and case type: CivilCivil Appeal
…decisions of the parties to the litigation. (4) I hold no shares in any of the companies parties to litigation. (5) I was trained from my earliest days at the Bar and on the Bench to decide cases on the evidence before me and submissions…
…informed person would on the correct facts reasonably apprehend that the judge has not or will not bring an impartial mind to bear on the adjudication of the case, that is a mind open to persuasion by the evidence and the submissions…
Division and case type: CivilCivil Appeal
…In support of his submissions Mr Akhaabi cited the Uganda High Court decision in Figueredo v Editor, Sunday Nation [1968] EA p 501, in which it was held that: (1) To succeed in a defence of fair comment the defendant must…
…There is no substance in that submission because there was evidence, accepted by the learned judge, and also by us, that some money that had been collected during the appellant’s tenure of chairmanship had gone missing and…
Division and case type: CivilCivil Appeal
…In her affidavit and submissions before us in support of the application Mrs Dias stated that on receipt of the letter from the appellant she approached the Deputy Registrar of this Court to find out which judges would hear…
…The correspondence and the affidavit together with the submissions of Mrs Dias are deficient in substance. It is worthy of note that when we pointed out this to Mrs Dias she feebly attempted to withdraw the application.…
Division and case type: CivilCivil Appeal
…We will therefore disregard them and not trouble ourselves with the submissions made by counsel in relation to those grounds.…
…Konosi, for the respondent, freely admitted in the course of his submissions before us that at the time the second notice of termination was issued, the respondent had indeed committed the breaches alleged by the appellant…
Division and case type: CivilCivil Appeal
…When the motion came before Butler-Sloss J on 12th July and 19th July 1985 counsel filed written submissions.…
…In his written submissions, Mr Khan, who then appeared for the appellant, raised for the first time an issue which had previously not been pleaded in the defence or raised in the replying affidavit namely that there is a…
Division and case type: CivilCivil Appeal
…Having considered the evidences ourselves and the submissions of Mr. Odero on behalf of the appellants we are satisfied that there was no defence to reckon with.…