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…I have carefully considered the nature of injuries sustained by the Plaintiff and taking into account the Submissions of her Counsel I am in agreement that an award of Kshs. 1,000,000/= would be fair compensation for the…

…Submissions are made frequently on the ground of misdirection that the summing-up did not contain some important issues for consideration.…

…It is only when the notes appear on the record that the submissions can be maintained or answered.”…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…Counsel for the respondent on the other hand opposed the appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination…

…We have considered the appellant’s grounds of appeal and the submissions by the appellant. We have also considere the submissions by the state in opposition to the appeal.…

…We have carefully analysed and re-evaluated the entire evidence adduced at the trial and considered the submissions of learned counsel and indicated our ndings thereon.…

…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,…

…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.…

…I do not subscribe to the latter submission. In support of his submissions, Mr Mohamed has cited several English authorities.…

…The evidence to be reviewed presently was followed by final submissions by counsel, summary to the assessors and the assessors' oral opinions which are incorporated in this judgement.…

…After due submissions with Mr.…

…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…

…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…

…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.…