Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Through their respective Advocates, each of the parties filed written submissions.…
…After considering the pleadings and the submissions by counsel, I find that the only issue arising for determination is whether the suit is properly commenced in the name of the right party.…
Division and case type: CivilCivil Case
…Together with that I have the submissions of both learned counsel, given to me in great detail outlining “the history’ of this case as they called it. If I understood Mr.…
…Kiania Njau, disagreed with this submission, and submitted that according to the provisions of subsection 4 of Section 10 of Cap 405, it is not enough for an insurer to say that he has filed a case against its insured to…
Division and case type: CivilCivil Appeal
…In his submissions the appellant repeated his contentions made in the superior court in respect of salary for 8 months, house allowance for 9 months and expenses incurred in travelling in connection with his work permit all…
…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…
Division and case type: CivilCivil Case
…I have also given due consideration to the submissions of the learned counsels appearing, including the cases cited.…
…The Judgment-Debtor, from the submissions of its learned counsel, has no quarrel with the court’s calculation of the decretal sum, notwithstanding what is stated in paragraph 9 of the supporting affidavit.…
Division and case type: FamilySuccession Cause
…I have also given due consideration to the submissions of the learned counsels appearing, including the cases cited.…
…The Judgment-Debtor, from the submissions of its learned counsel, has no quarrel with the court’s calculation of the decretal sum, notwithstanding what is stated in paragraph 9 of the supporting affidavit.…
Division and case type: CriminalCriminal Appeal
…In his petition of appeal and mainly in the written submission, the appellant attacks the judgment of the court below on the following grounds: 1.…
…This Court did not know that the applicant had any problem with the Swahili language until it was his turn to reply to learned state counsel’s submissions when he said that he did not understand the Swahili language.…
Division and case type: GeneralUnclassified
…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…
Division and case type: CivilCivil Case
…Further submission by Miss Mwaura showed that subsequent to 30/9/81 on 14/12/82 at a joint Board Meeting between the 1st and 2nd defendant (Minute 13 (P W 6) thought the loan had been paid in full the defendant/respondent…
…After these submissions by both counsels, I requested for further particulars from the defendants to show the sum still owing according to them and on 17/1/84 Mr Kwach for the defendants filed in court a supplementary affidavit…
Division and case type: CriminalCriminal Appeal
…This formed the basis of the submissions of Mr.…
…Etyang’s submissions and there is no need for us to deal in any depth with his submissions on this point.…
Division and case type: Milimani Commercial CourtsUnclassified
…At the hearing of the application, I heard rival submissions made by Mr. Wena on behalf of the applicant and by Mr. Gachuhi for the respondent. I have carefully considered the said submissions made.…
Division and case type: Constitutional and Human RightsPetition
…I have considered those submissions.…
…I have considered those submissions.…
Division and case type: CivilCivil Case
…In his oral submissions before me Mr Masese even argued that the court has no jurisdiction to entertain the claim under the said Act.…
…I find no merit in Mr Masese’s submissions in law and or on facts.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…The appeal must succeed on the submissions of the learned counsel for the appellant which are uncontroverted.…
Division and case type: CriminalMiscellaneous Criminal Application
…As can be seen from the aforesaid submissions two main issues have been raised.…
…In his submissions Mr Mussilli said the magistrate was so hostile that he committed the accused persons for trial to the High Court “wapende wasipende”.…
Division and case type: Milimani Commercial CourtsCivil Case
…Mr Hewett in his submissions contended that the transfer of charge put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer…
…He, however, ended his submissions with urging the court that if I was against him on all his points then his client’s liability should be restricted to only 35.7% of the amount paid by the plaintiff and not 100% as claimed…
Division and case type: CivilCivil Case
…Gautama in her affidavit and submissions. She calls him crude and savage – a felonious man worse than her husband. And she adds for good measure that she has been a victim of injustice in this country.…
…It is altogether a most confused affidavit but I have read every line of it very carefully and considered everything the plaintiff has said in her affidavit and in her submissions.…
Division and case type: CriminalCriminal Appeal
…In support of his submission Mr Chunga observed that the appellant had appeared before the learned Chief Magistrate on 6th April, 1987 charged with an offence which was clear and simple namely being a member of an unlawful…
…These submissions were supported by the citation of the following authorities: Searle v R (1955) 22 EACA 443, Wakelin v R (1951) 18 EACA 185, Wanderi Muthigani v R (H.C.…
Division and case type: CivilCivil Case
…I then ordered that counsel were to make written submissions; Mr. Pandya for the Plaintiff was to supply the Court with his submissions within seven days from the date of the hearing. Mrs.…
…Pandya’s submissions were received on the 21st July, 1992. By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…
Division and case type: Anti-CorruptionCivil Suit
…Their advocate, Mr Chege, put forward submissions in support of the application. There was no time for Mr Agina for the respondents to reply. So the matter was put off to another day.…
…It was also Mr Chege’s submission that the respondents took law into their hands by moving into the suit premises and evicting his clients by force instead of following legal channels.…
Division and case type: Constitutional and Human RightsElection Petition
…I must not omit to comment on the submissions of the applicant Chiaba, on the issue he raised regarding the affidavit of service.…
…His main submissions were not affected and I would apply the provisions of order 18 rule 7 CPA and dismiss the objections as mere technicalities.…