Case law
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Division and case type: CriminalCriminal Appeal
…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.”…
Division and case type: CivilCivil Appeal
…decisions of the parties to the litigation. (4) I hold no shares in any of the companies parties to litigation. (5) I was trained from my earliest days at the Bar and on the Bench to decide cases on the evidence before me and submissions…
…informed person would on the correct facts reasonably apprehend that the judge has not or will not bring an impartial mind to bear on the adjudication of the case, that is a mind open to persuasion by the evidence and the submissions…
Division and case type: CivilCivil Appeal
…In support of his submissions Mr Akhaabi cited the Uganda High Court decision in Figueredo v Editor, Sunday Nation [1968] EA p 501, in which it was held that: (1) To succeed in a defence of fair comment the defendant must…
…There is no substance in that submission because there was evidence, accepted by the learned judge, and also by us, that some money that had been collected during the appellant’s tenure of chairmanship had gone missing and…
Division and case type: CivilCivil Appeal
…In her affidavit and submissions before us in support of the application Mrs Dias stated that on receipt of the letter from the appellant she approached the Deputy Registrar of this Court to find out which judges would hear…
…The correspondence and the affidavit together with the submissions of Mrs Dias are deficient in substance. It is worthy of note that when we pointed out this to Mrs Dias she feebly attempted to withdraw the application.…
Division and case type: CivilCivil Appeal
…We will therefore disregard them and not trouble ourselves with the submissions made by counsel in relation to those grounds.…
…Konosi, for the respondent, freely admitted in the course of his submissions before us that at the time the second notice of termination was issued, the respondent had indeed committed the breaches alleged by the appellant…
Division and case type: CivilCivil Appeal
…When the motion came before Butler-Sloss J on 12th July and 19th July 1985 counsel filed written submissions.…
…In his written submissions, Mr Khan, who then appeared for the appellant, raised for the first time an issue which had previously not been pleaded in the defence or raised in the replying affidavit namely that there is a…
Division and case type: CivilCivil Appeal
…Mulwa’s submissions to us o behalf of the Respondent that a further 492 acres were intended to be given to the Appellants, making with the 550 acres allocated to the eighteen families, a total of 1042 acres.…
…Why the learned Judge confused this Act with the one immediately preceeding it, namely the Registration of Titles Act, Cap 281, is beyond me, since the submissions of counsel in the High Court were directed to the latter…
Division and case type: CivilCivil Appeal
…Having considered the evidences ourselves and the submissions of Mr. Odero on behalf of the appellants we are satisfied that there was no defence to reckon with.…
Division and case type: CivilCivil Appeal
…Having considered the submissions of both counsel in the taxation before me and taking into account what I need to consider in this taxation bearing in mind the Authorities cited, I have come to a conclusion that Ksh.120,000…
Division and case type: CivilCivil Appeal
…Having considered the submissions of both counsel in the taxation before me and taking into account what I need to consider in this taxation bearing in mind the Authorities cited, I have come to a conclusion that Ksh.120,000…
Division and case type: CivilCivil 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.…
Division and case type: Constitutional and Human RightsPetition
…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: 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: CivilCivil Appeal
…On the submissions made to us and the evidence on record one cannot hold otherwise but come to the same conclusion that the contract, contravenes the provision of section 3(1) of the Exchange Control Act (cap 113) and as…
Division and case type: CivilCivil Suit
…Other matters which emerged in the submissions of Mr Machira for the applicant and Mr Nowrojee for the respondent were these.…
Division and case type: CivilCivil Appeal
…LSK s submissions before the trial court were that by reason of the fact that deceased was a member of the LSK at the time of his deatn the a Foresaid Legal Notice applied to him and on that account, the Chairman of the LSK…
…In his submissions before us, Mr Owino Okeyo submitted on the authority of Carson v.…
Division and case type: CivilCivil Appeal
…In my view, there is nothing in Mr Kariuki’s submissions to detract from the high persuasive value of Orpen’s case in this appeal. 46.…
…I have already, when analyzing the case of Hyde and another vs Johnson earlier, rejected this submission of Mr Kariuki. 49.…
Division and case type: CivilCivil Appeal
…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…
…The submissions of Mr Aboo and of Mr Kassim were ably put but in the end those of Mr Aboo do not prevail in the circumstances of this appeal and, in my judgment, the ruling of Mr Justice Bhandari was correct.…