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…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.…

…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…

…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.…

…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.…