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…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”.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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…

…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.…

…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.…