Case law
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Division and case type: CivilCivil Suit
…I have given due consideration to these submissions. The jurisdiction of the High Court is not being challenged by the defendant.…
Division and case type: CriminalCriminal Appeal
…The appellant has repeated more or less these grounds in his written submissions at the hearing of the appeal. With respect, this was not a case where common intention need to be established.…
Division and case type: CriminalCriminal Appeal
…Both his defence at trial and his submissions before court cannot convince this court that the appellant is innocent of the offence with which was charged.…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…I have considered the submissions of both counsel. I have also perused the authorities submitted by both counsel.…
Division and case type: CivilCivil Suit
…In his submissions the counsel proposed shs.2,005,020/=. Using the formula salary 15,000/= x12 months x 14 years at the time of death the deceased he was aged 51 years.…
Division and case type: CriminalCriminal Appeal
…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,…
Division and case type: CriminalCriminal Appeal
…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,…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…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,…
Division and case type: CivilCivil Case
…I do not subscribe to the latter submission. In support of his submissions, Mr Mohamed has cited several English authorities.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Appeal
…Nganga's contention that the case against the appellant was hinged on suspicion. 12.We have considered these rival submissions and read the record of appeal.…
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: 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: 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: 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: 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 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: CriminalCriminal Appeal
…Their appeals are poorly put forward and we have considered that they have repeated Mr Ghalia’s submissions.…