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…We have also considered their oral submissions to this Court, in the course of which the second appellant drew to our attention that on the August 23, 1984, the date of the hearing of their applications before Bhandari J,…

…The defendants on their part did not offer any evidence but their advocates filed written submissions.…

…In his submissions to court the appellant who was appearing in person reiterated the contents of the memo of appeal adding that Kshs.500/= was for food, 500/= for a blanket and 600/= just as gifts.…

…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.…

…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…

…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…

…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…

…Each of the appellant filed written submissions and chose to rely on the same entirely.…

…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…

…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…

…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.…

…The appellant in his submissions to us reiterated that which is contained in the above summed up grounds of appeal.…

…Shakeel was acting as an agent for his father the defendant, so as to bind him by the agreement was never an issue in the case, and he took this court in detail through the pleadings and the record in order to demonstrate his submissions…

…Having come to this conclusion I do not need to decide on the sixth issue nor on the fteenth ground of appeal, as to whether specic performance should be ordered, both counsel who appeared before us having reserved their submissions…

…In his oral submissions in court counsel for the defendant/applicant maintained that they are entitled to the reliefs sought on the following grounds:- 1.…