Case law
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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: 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 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
…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
…Of the cases cited to the learned judge by both counsel in the court below some were irrelevant to the injuries sustained by the respondent and it appears that the full judgments were not produced with the written submissions…
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.…
…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.…
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.…
Division and case type: CivilCivil Appeal
…I have been persuaded by the submissions made, based on these authorities, to believe that the trial judge while seized with all the facts of the case and the law in the matter, if the authorities now referred to us were…
…So, although in the submission of Counsel, the 1st respondent was deserving of generous damages, she ought not to be awarded what was more than adequate.…