Case law
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Division and case type: CriminalCriminal Case
…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: CivilCivil Case
…Both learned counsel have also made their very able submissions for which I commend them. At the centre of this dispute are two documents attributed to the plaintiff.…
Division and case type: Constitutional and Human RightsElection Petition
…SUBMISSIONS 6. The petitioner submitted as follows in writing in support of the Application dated 27th November 2017.…
…To the above submissions by the appellant and the 1st respondent through its learned counsel Mr.…
Division and case type: Constitutional and Human RightsElection Petition
…SUBMISSIONS 6. The petitioner submitted as follows in writing in support of the Application dated 27th November 2017.…
…To the above submissions by the appellant and the 1st respondent through its learned counsel Mr.…
Division and case type: CriminalCriminal Appeal
…If at the close of evidence in support of the charge, and after hearing such summing up, submissions or arguments as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that…
…“S.211.(1) At the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as may be put forward, if it appears to the court that a case is made out against the accused person…
Division and case type: CivilCivil Case
…At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…The grounds in support are set out in the body of the application, supporting affidavit and oral submissions in court and the key ones are that the defendants filed an application seeking to restrain the plaintiff from interfering…
Division and case type: CivilCivil Appeal
…Bucley’s submissions on this aspect of the case, “ while paying lip service …… his ( the judge’s ) heart was not really in what he felt obliged to concede.”…
…Buckley referred in the course of his submissions, and which is included in the respondent’s list of authorities and in their written submission handed in advance of the appeal, was Evans Marshall & Co ltd. v Bertola S.A.…
Division and case type: Anti-CorruptionCivil Appeal
…After hearing the submissions of the advocates, the learned judge held that Kakuzi had shown that on the balance of probabilities, Karuri was not acting within the scope of his employment at the time.…
…Before turning to the submissions on the law, it is, as usual, important to set out the facts before the judge.…
Division and case type: CriminalCriminal Appeal
…Their appeals are poorly put forward and we have considered that they have repeated Mr Ghalia’s submissions.…
Division and case type: Milimani Commercial CourtsCivil Case
…But before he opened his lips to make his final submissions Mr Kilonzo for the plaintiff, invited me to enter judgment against the defendant firm.…
…He claimed his authority for this submission on Order 9B rule 6 of the Civil Procedure Rules. I declined to do this but said I would give my reasons for this in my judgment.…
Division and case type: CivilCivil Case
…and in support of his argument has cited the case of Damodar Jinabhai & Co Ltd and another v Eustace Sisal Estates Ltd. [1967] EA 153 where at page 155 Sir Charles Newbold, P., said inter alia: “Before I deal with these submissions…
…The learned judge did not accept the submission that a point of law takes a case out of the ambit of Order XII r. 6.…
Division and case type: CivilCivil Appeal
…In answer to Miss Ali’s submissions, Mr. Muthoga who appeared with Mr.…
…I agree entirely with Miss Abida Ali’s submission that the order in faovur of Yusuf Kipkorir Kaittany had no legal basis as he was not a party to the proceedings.…
Division and case type: CriminalCriminal Appeal
…Mr Prinja made submissions on 15 grounds of appeal on behalf of Anupchand and 13 for Vijay and Mr Metha replied to them for the Republic, and we are grateful to them for all the work and addition they have brought to bear…
…Here, in this case, after carefully considering all the arguments and submissions on both sides, and our own evaluation of the evidence adduced at the trial, we are left with no reasonable doubt Anupchand and Vijay were properly…
Division and case type: CivilCivil Case
…From the submissions advanced, Messrs Wambugu & Company advocates honoured their professional undertaking and released sum of Kshs 7,543,467.65 towards the redemption of the mortgaged property.…
Division and case type: CivilCivil Case
…From the submissions advanced, Messrs Wambugu & Company advocates honoured their professional undertaking and released sum of Kshs 7,543,467.65 towards the redemption of the mortgaged property.…
Division and case type: CivilCivil Appeal
…other side’s witnesses and led his own witness on this very issue; and although in his nal address he objected to the new issue being considered unless made the subject of an amendment to the plaint, he nevertheless made submissions…
Division and case type: CriminalCriminal Appeal
…In his petition of appeal and in his submissions both written and oral, the main point taken up by the appellant is that he was framed in these charges by the police and that the learned magistrate erred in not believing…