Case law
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Division and case type: CivilCivil Appeal
…Having considered the submissions of both counsel in the taxation before me and taking into account what I need to consider in this taxation bearing in mind the Authorities cited, I have come to a conclusion that Ksh.120,000…
Division and case type: CivilCivil Appeal
…We have carefully analysed and re-evaluated the entire evidence adduced at the trial and considered the submissions of learned counsel and indicated our ndings thereon.…
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
…We have also considered their oral submissions to this Court, in the course of which the second appellant drew to our attention that on the August 23, 1984, the date of the hearing of their applications before Bhandari J,…
Division and case type: CriminalCriminal Appeal
…We have also considered their oral submissions to this Court, in the course of which the second appellant drew to our attention that on the August 23, 1984, the date of the hearing of their applications before Bhandari J,…
Division and case type: CivilCivil Appeal
…On the submissions made to us and the evidence on record one cannot hold otherwise but come to the same conclusion that the contract, contravenes the provision of section 3(1) of the Exchange Control Act (cap 113) and as…
Division and case type: CivilCivil Appeal
…LSK s submissions before the trial court were that by reason of the fact that deceased was a member of the LSK at the time of his deatn the a Foresaid Legal Notice applied to him and on that account, the Chairman of the LSK…
…In his submissions before us, Mr Owino Okeyo submitted on the authority of Carson v.…
Division and case type: CivilCivil Appeal
…LSK s submissions before the trial court were that by reason of the fact that deceased was a member of the LSK at the time of his deatn the a Foresaid Legal Notice applied to him and on that account, the Chairman of the LSK…
…In his submissions before us, Mr Owino Okeyo submitted on the authority of Carson v.…
Division and case type: CivilCivil Appeal
…LSK s submissions before the trial court were that by reason of the fact that deceased was a member of the LSK at the time of his deatn the a Foresaid Legal Notice applied to him and on that account, the Chairman of the LSK…
…In his submissions before us, Mr Owino Okeyo submitted on the authority of Carson v.…
Division and case type: CivilMiscellaneous Application
…It may or may not support one of the applicant’s submissions in his intended appeal. What, at any rate, before 1967, was the law in India on the matter?…
…He might also repeat his submissions that the Kenya order XXXIX rule 2, does not limit or affect the power of the court to grant an injunction under its inherent power to do so, though he may be hard put to suggest it was…
Division and case type: CriminalCriminal Appeal
…We are grateful to the very lucid and precise submissions of Mr Mwangi Mbuthia, learned counsel for the appellant, who has thus made our task in this appeal that much easier than it would have otherwise been.…
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
…Appellant had obtained ex parte, from a judge of the superior court under the limitation Act, could not be challenged by way of a preliminary objection, but, as the learned judge put it, “at the trial …. on evidence and submissions…
…In his final submissions in the suit and in obedience to that observation Counsel for the appellant, Mr.…
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 Suit
…I have considered the submissions with anxious care, and I would hesitate long before differing from the learned judge’s findings of fact, particularly in this case because he clearly took so much trouble in dealing with…
…misdirected himself on the legal necessity for corroboration of the evidence of the three boys he would then have been left with three substantive witnesses as to fact, plus other evidence which Mr Osoro indicated in his submissions…
Division and case type: CivilCivil Appeal
…This was one of many inconsistencies in the respondent’s case to which Mr Onyinkwa, appearing on behalf of the appellant, pointed in the course of his submissions.…
…I say unhesitatingly that he was wrong in his submission. Apart from anything else it is unlikely that a farm pickup, as it is described in the Arrears Report, could have such a colossal earning capacity.…
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: CriminalCriminal Appeal
…Nganga's contention that the case against the appellant was hinged on suspicion. 12.We have considered these rival submissions and read the record of appeal.…
Division and case type: CivilCivil Appeal
…Finally, I feel in fairness to learned counsel for the respondent that I should advert to submissions he made on the construction of section 6 of the Land Control Act.…
Division and case type: CivilCivil Appeal
…Ngatia’s submissions on the matter may be summarized: - · The sugar pleaded in Misc. Civil Appl.…
…Submissions made by learned counsel for KRA, Mr.…