Case law
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Division and case type: CivilCivil Case
…In their submissions both counsel have referred me to various cases as guide for damages. But there can be no denying that each case must be decided on its particular and peculiar facts.…
Division and case type: CivilCivil Suit
…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: CivilMiscellaneous Application
…We were denied his notes of the submissions of Mr Kuria for the company and Mr Le Pelley for the receivers, Bank and KCFC, probably because of lack of time to prepare them.…
…Seeing, therefore, we were not sitting on appeal from Mr Justice O’Connor, and for less were we dealing with the intended appeal, and cannot deal with the trial, much of what was put before us in documents, authorities and submissions…
Division and case type: CivilCivil Suit
…We were denied his notes of the submissions of Mr Kuria for the company and Mr Le Pelley for the receivers, Bank and KCFC, probably because of lack of time to prepare them.…
…Seeing, therefore, we were not sitting on appeal from Mr Justice O’Connor, and for less were we dealing with the intended appeal, and cannot deal with the trial, much of what was put before us in documents, authorities and submissions…
Division and case type: CivilCivil Case
…Both learned counsel have also made their respective submissions and cited several authorities.…
Division and case type: CriminalCriminal Appeal
…And so we will now turn to the evidence against the particular accused as counsel have done before us: we shall use as a reference the very helpful and full written submissions of learned State Counsel but we shall start…
…Learned State Counsel says in his submission that PW 7 was the one who attested to the involvement of a motor vehicle which bore the registration aforesaid, but we do not think that that is right.…
Division and case type: CriminalCriminal Appeal
…In his oral submissions to the court the first appellant Boniface Mutinda Muema submitted that the complainant claimed that he was injured but there was no evidence from the Doctor to prove the same that he was injured, he…
Division and case type: CivilCivil Case
…In his written submissions, Mr KM Maini, who was led by Mr.…
…The substance of both counsels’ submissions is on whether the promotions amounted to a rescission or variation of the original contract.…
Division and case type: CivilCivil Appeal
…Though this accident was at variance with paragraph 5, and was commented on by Mr Inamdar in his submissions in the High Court, no attempt was made to amend the plaint, except in another minor and probably irrelevant respect…
…I come now to the authorities cited by Mr Inamdar in support of his submission that the plaintiff was limited to the particulars given in the plaint and that the judge was not entitled to rely on evidence which went outside…
Division and case type: CivilCivil Appeal
…We shall deal first with the submissions made by Mr. Jiwaji, for the defendant.…
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: Milimani Commercial CourtsCivil Case
…I will not at this stage deal with Mr Nowrojee’s submissions at any length because, with respect, I am in substantial agreement with all that he has stated.…
Division and case type: CriminalCriminal Case
…Anyanzwa's submission that the Prosecutionmade a grave error in failing to subject all the containers, whichon evidence, could have provided leads to the poisoning, tochemical analysis.…
…I accept the submissions of defence counsel andthe reasons for the opinions given by the two assessors in thisregard.…
Division and case type: CivilCivil Appeal
…In my view the appropriate way to deal with a submission of this kind is to allow the offending party an extension of time in which to comply with the rule subject to a penalty in costs where appropriate.…
…The submissions for the appellant were that it was not his fault but that of his first and second advocates that he was not before the magistrate when the case was heard and one advocate wrote this letter to the magistrate…
Division and case type: CivilCivil Appeal
…After careful consideration of Mr Wasuna’s submission on this aspect, I do not think the appellant was precluded on the pleadings from alleging and proving contributory negligence if he could.…
…The learned trial judge did not take into consideration that part of the submission of the respondent regarding general damages were vague, speculative and conjectural without evidence being let on it, and hence should have…
Division and case type: CriminalCriminal Case
…This court directed the Counsel for the parties to make oral submissions. Mr. Magolo admitted that they had indeed filed High Court Constitutional Petition No. 50 of 2020 before Judge E. Ogola and that it was dismissed.…
…We agree with counsel for the first and second respondents in his submission that the issue as to whether a Court of law has jurisdiction to entertain a matter before it, is not one of mere procedural technicality; it goes…
Division and case type: Constitutional and Human RightsPetition
…This court directed the Counsel for the parties to make oral submissions. Mr. Magolo admitted that they had indeed filed High Court Constitutional Petition No. 50 of 2020 before Judge E. Ogola and that it was dismissed.…
…We agree with counsel for the first and second respondents in his submission that the issue as to whether a Court of law has jurisdiction to entertain a matter before it, is not one of mere procedural technicality; it goes…
Division and case type: CriminalCriminal Appeal
…The appellant put in written submissions, on May 9, 2022. The respondent did not submit, Ms. Challa invited the court to allocate a date for judgment. 9. I will consider the grounds of appeal sequentially. 10.…
Division and case type: CriminalCriminal Appeal
…The appellant put in written submissions, on May 9, 2022. The respondent did not submit, Ms. Challa invited the court to allocate a date for judgment. 9. I will consider the grounds of appeal sequentially. 10.…
Division and case type: CriminalCriminal Appeal
…The appellant put in written submissions, on May 9, 2022. The respondent did not submit, Ms. Challa invited the court to allocate a date for judgment. 9. I will consider the grounds of appeal sequentially. 10.…