Case law
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Division and case type: CivilCivil Appeal
…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…
Division and case type: CriminalCriminal Appeal
…As regards this ground which we agree raised a matter of law properly for decision by this Court, namely, in the submission that the finding in fact has no evidence to support it, we have come to the conclusion that there…
Division and case type: CivilCivil Appeal
…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…
Division and case type: CivilCivil Appeal
…Comprehensive submissions were made by both Mr Mutungi and Mr Arum for the 2nd respondent. Masime, J, rejected the preliminary objections based on these two issues.…
…In respect of the ground that there was no sufficient reason for granting the application for review Mr Gaturu’s submissions were levelled mainly on the following two matters: 1.…
Division and case type: CriminalCase number Criminal Application
…INDEPENDENT MEDIA SERVICES LIMITED........3RD RESPONDENT RULING In the course of his submissions, Mr Chunga for the Republic referred to sections 7, 20 & 21 of the Penal Code and section 136 of the Criminal Procedure Code…
…Mr Khaminwa adopted the above submissions made by Mr Imanyara and added that what was relevant to the present proceedings was order 52 of the Supreme Court Rules and the relevant sections thereof and not any section of the…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…He concluded by urging the Court to allow the appeal. [14] Mr Kepha Onyiso a Senior Principal State Counsel in the Attorney General’s office filed written submissions on behalf of the respondent.…
…In the submissions two main issues were identified for determination.…
Division and case type: CivilCivil Appeal
…This case is also relevant to the third head of Mr Englehart’s submissions.…
…The point was noticed by counsel for the respondents during his submissions in the Westbourne Galleries case.…
Division and case type: CivilCivil Appeal
…In his submissions the appellant repeated his contentions made in the superior court in respect of salary for 8 months, house allowance for 9 months and expenses incurred in travelling in connection with his work permit all…
…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…
Division and case type: CriminalCriminal Appeal
…This formed the basis of the submissions of Mr.…
…Etyang’s submissions and there is no need for us to deal in any depth with his submissions on this point.…
Division and case type: CivilCivil Appeal
…Accordingly, there is no merit in the answer to the applicant’s submissions on this point.…
…If this submission on behalf of the applicant is right, as I find that it is, then he is entitled to succeed regardless of his further submission that the Originating Summons is not the proper mode of obtaining a decision…
Division and case type: CivilCivil Appeal
…Counsel’s submissions before the superior court rivetted around the letter date 10th May, 1990 the contents of which are set out above.…
…The trial judge adjudicated on the two rival submissions by holding that the copy of the letter aforementioned to the appellant constituted a notice as is required by law and that the appellant in responding to it on 24th…
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: CivilCivil Appeal
…The learned Judge presumably, rejecting the submission that the matter should not have been brought by way of originating summons and being of the view that it was unnecessary to raise the matters involved by way of a suit…
…(as he then was) in Kenya Commercial Bank Ltd v James Osebe (supra): "In support of the first limb of his submissions Mr. Kwach cited Sir Ralph Windham C.J.'s judgment in Kulsumbhai v.…
Division and case type: CivilCivil Appeal
…Lengthy submissions by advocates on both sides were made and on 15th December 1993, we delivered our ruling rejecting the application.…
…Somewhat lengthy submissions from advocates for both parties followed. Thereafter this Court gave its ruling dismissing the application calling for the said two judges to disqualify themselves.…
Division and case type: CriminalCriminal Appeal
…The urging and submission on the last ground of appeal was that the sentence is unlawful.…
…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…
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: 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: 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.…