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…High Court absolutely, and here substantially, succeeded on the question of liability and on loss of earnings, I would not interfere with the learned judge’s order that the appellant should pay the costs of the High Court proceedings…

…It was admitted in these proceedings that at the time of the accident, the 1st defendant was driving that vehicle in the ordinary course of the firm’s business.…

…This mandatory requirement makes assessors part of the court and, as was stated in the case of Ndagizimana and Another v Uganda (1967) EA 35 at p 38, it is essential that all the evidence and proceedings at the trial should…

…Furthermore, even if it were, it would not be a question as to the interpretation of the Constitution let alone one arising in proceedings in a subordinate court which is what section 67(1) of the Constitution of Kenya covers…

…The learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant and against the other accused, who had not appealed but had had their conviction…

…But the learned Judges of the Court of Appeal for Eastern Africa left it open to the Crown to take such proceedings against the first appellant as could be deemed proper.…

…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…

…I would grant an order for injunction to restrain Mr Keith and any partner in the respondents rm of advocates from continuing to act for the defendants in the main suit or in any litigation or proceedings arising from the…

…Although therefore this issue was not pleaded, from the proceedings before the superior court, it clearly was left to that court for decision – see the case of Odd Jobs v Mubia, [1970] EA 476 at page 476 letters H and I.…