Case law
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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: Constitutional and Human RightsElection Petition
…Shitsama's submissions and complaints in that regard have no merit. Further in my view, the matters deponed to by Mr.…
…With regard to the latter submission I must confess that I did not find Mr. Shitsama's arguement convincing.…
Division and case type: CivilCivil Case
…I do not subscribe to the latter submission. In support of his submissions, Mr Mohamed has cited several English authorities.…
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: CriminalMiscellaneous Criminal Application
…I have given due consideration to the submissions of both counsel on behalf of their clients. The applicant is facing various charges under the Penal Code (Cap.63). The issues for the determination of this Court are: 1.…
Division and case type: CivilCivil Case
…I have given consideration to submissions on quantum and I believe a multiplier of 26 years is appropriate. Loss of earnings therefore add up to kshs 800x12x26 = Kshs 249,600/=.…
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.…
Division and case type: CriminalCriminal Appeal
…From this submission, one need to go to the statement. PW18 having recorded it, went to their residence accompanied by PW13 and the appellant.…
…Counsel maintained in his submission that the deceased could not speak while at the residence and at the hospital.…
Division and case type: CivilCivil Case
…I have weighed the above evidence and submissions. I was particularly impressed by the evidence of PW1. He was straightforward person and his evidence was not hesitant as alleged bycounsel for the defendant.…
…I now turn to a consideration of the quantum of damages in light of the above evidence and submissions.…
Division and case type: CivilCivil Appeal
…On that day, the learned counsel for the plaintiff punctually and dutifully attended court, while the counsel for the defendants arrived late while the plaintiff’s counsel was already making his submissions for the dismissal…
…When given a chance to respond to the said submissions, he said nothing.…
Division and case type: CriminalCriminal Appeal
…In his submissions, Mr.…
…Finally regarding the “submission that cardinal principles of criminal law” were not followed in the conduct of the trial we have been unable to confirm any violation as alleged.…
Division and case type: CivilMiscellaneous Application
…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…
Division and case type: CriminalCriminal Appeal
…Upon considering the record and counsel’s submissions, we ask ourselves whether any prejudice had resulted to the appellant by his counsel’s absence at the stage of the proceedings when it occurred.…
Division and case type: CriminalCriminal Appeal
…Counsel concluded his submissions by stating that the two courts below properly discharged their mandate and urged us to dismiss this appeal as one totally without merit. 5. This is a second appeal.…
Division and case type: CriminalCriminal Appeal
…Each of the appellant filed written submissions and chose to rely on the same entirely.…