Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…The learned Judge presumably, rejecting the submission that the matter should not have been brought by way of originating summons and being of the view that it was unnecessary to raise the matters involved by way of a suit…
…(as he then was) in Kenya Commercial Bank Ltd v James Osebe (supra): "In support of the first limb of his submissions Mr. Kwach cited Sir Ralph Windham C.J.'s judgment in Kulsumbhai v.…
Division and case type: CivilCivil Appeal
…Lengthy submissions by advocates on both sides were made and on 15th December 1993, we delivered our ruling rejecting the application.…
…Somewhat lengthy submissions from advocates for both parties followed. Thereafter this Court gave its ruling dismissing the application calling for the said two judges to disqualify themselves.…
Division and case type: CivilCivil Case
…I have considered the submissions of the learned counsels. Under section 27 (1) of the Civil procedure Act, Cap. 21, costs are entirely at the discretion of the court.…
Division and case type: CivilCivil Case
…Muriithi for the plaintiff to put in his submissions on the 23.4.96 at 2.30 p.m. For three years nothing happened on this file.…
…Muriithi proceeded with his submission whereby he stated that the injuries sustained by the plaintiff should be awarded Ksh.450,000/- as 15 years ago.…
Division and case type: CivilCivil Case
…On considering of all the facts before me, and the submissions made by the learned counsel I find that the facts pertaining to this application are entirely distinct from the circumstances and facts of the decision cited…
…to me made in Irons Treades Employers Association Ltd (supra on which Mr Maini makes considerable reliance in support of his submission.…
Division and case type: CriminalCriminal Appeal
…After realising that no counsel representation was forth coming, the Appellant agreed to proceed with his appeal in person and made very lengthy written submissions.…
…We have considered the written submissions by each of the Appellants as well as the oral submissions by the Learned State Counsel, Mr. Ondari.…
Division and case type: CriminalCriminal Appeal
…The urging and submission on the last ground of appeal was that the sentence is unlawful.…
…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…
Division and case type: CivilMiscellaneous Application
…During the oral submissions of the application dated 26/9/2014, the applicant stated that he is the deceased’s son and that his mother was the deceased’s second wife .He states that the respondents should be evicted from…
…Counsel for the 1st respondent stated in the oral submissions that plot 053 and 054 and KANGARI/NDAGARE/763 are the property of the 1st respondent’s husband (now deceased) were was the son to the deceased .These property…
Division and case type: Milimani Commercial CourtsCivil Appeal
…According to the memorandum of appeal; the Magistrate ignored the appellant’s defence, evidence and the submissions; that she did not consider all the evidence and that she failed to apply correct legal principles in determining…
…These are submissions made in this appeal which I heard, recorded and have considered.…
Division and case type: CivilCivil Appeal
…That case had neither been cited nor had any submissions been made on it by counsel appearing before him. This then is the basis of the appellant’s complaint in its 12th ground of appeal.…
…He should, however, have brought this authority to the attention of counsel and heard their submissions on it.…
Division and case type: CivilCivil Case
…The submissions by applicant’s counsel on the issue are superfluous. As for prayer (6) in the application, review of the ruling of this Court is sought.…
…Learned counsel for the applicant, Mr KJ Kinyanjui appeared to appreciate this during his submissions before me in this matter. He, however, lacked the courage to abandon the prayer.…
Division and case type: CivilCivil Appeal
…This court will set out the appropriate orders and rules shortly so that the plaintiff can be aware of the wrongful submissions being put forward based on misinterpretation of the very clear orders and rules to be forced…
…At some stage in this answer to Mr Oraro’s submissions Mr Ombaka submitted that an interlocutory court (meaning this court) cannot decide on the merits of a suit which the court has not been able assess the merits by way…
Division and case type: Milimani Commercial CourtsCivil Case
…With the leave of the Court, each of the parties filed written submissions and detailed lists of authorities. Mr.…
…In his submissions, Mr.…
Division and case type: CriminalCriminal Appeal
…After realising that no counsel representation was forth coming, the Appellant agreed to proceed with his appeal in person and made very lengthy written submissions.…
…We have considered the written submissions by each of the Appellants as well as the oral submissions by the Learned State Counsel, Mr. Ondari.…
Division and case type: CivilCivil Case
…The learned counsel appearing for the parties herein have also made their submissions which I have on record. Some authorities have also been cited. The applicant has filed a Notice of Appeal.…
Division and case type: CivilCivil Appeal
…K'owade's very persuasive submissions in opposition to the application, I am satisfied that this is a case in which in the exercise of my discretion judicially I should grant the application.…
Division and case type: Constitutional and Human RightsElection Petition
…Both learned counsel have made their able submissions and cited some authorities. 7.…
…It is Mr Wetangula’s submission that the legislative powers vested in Parliament by section 30 of the Constitution cannot be exercised by any other organ of the Government.…
Division and case type: Constitutional and Human RightsElection Petition
…Both learned counsel have made their able submissions and cited some authorities. 7.…
…It is Mr Wetangula’s submission that the legislative powers vested in Parliament by section 30 of the Constitution cannot be exercised by any other organ of the Government.…
Division and case type: CivilCivil Case
…After the evidence, I received written submissions, which now form part of the record.…
…In this aspect, I am in agreement with Mr Shimenga’s submission that by the defendant’s act of transporting the tea a few days after the expiry of the contract aforesaid, the original agreement between them continued to operate…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…He submitted to the Court a certificate in support of that submission.…
…I have considered with atmost care the authorities cited and the submissions made by the both sides. Section 356 of the Criminal Procedure Code permits admission to bail pending appeal.…