Case law
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Division and case type: CivilCivil Appeal
…date, a matter which is quite different from the setting aside of the fundamental and substantial order of stay of proceedings which in any case, was not applied for or even mentioned by counsel for the respondent in his submissions…
…A third submission by Mr Ghadialy that the suit was unmaintainable because no award had been made as a result of the arbitration proceedings which could then give rise to a cause of action by the respondent, was also brushed…
Division and case type: CivilCivil Case
…In reply to Mr Lakha’s submissions Mr Hewitt conceded that the aforesaid agreement was a contractual licence but argued that since it was for a fixed term it was obligatory for the defendant to abide by it or else be held…
…This in effect is the substance of Mr Lakha’s submissions, as I understand them.…
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: CivilCivil Appeal
…Accordingly, there is no merit in the answer to the applicant’s submissions on this point.…
…If this submission on behalf of the applicant is right, as I find that it is, then he is entitled to succeed regardless of his further submission that the Originating Summons is not the proper mode of obtaining a decision…
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 Appeal
…Counsel’s submissions before the superior court rivetted around the letter date 10th May, 1990 the contents of which are set out above.…
…The trial judge adjudicated on the two rival submissions by holding that the copy of the letter aforementioned to the appellant constituted a notice as is required by law and that the appellant in responding to it on 24th…
Division and case type: CivilMiscellaneous Application
…I have carefully considered this application and the submissions of both counsels.…
Division and case type: CriminalCriminal Appeal
…Otara for 1st, 2nd, 3rd and 4th Appellants to file written submissions which he did and which I have had occasion to peruse. This application is opposed and Mr.…
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 Case
…I also have submissions made by both learned counsel appearing.…
Division and case type: CriminalCriminal Appeal
…After listening to the submissions of the appellant’s then advocate Mr. Gekonge, on whether the appellant had a case to answer on the charge of murder, the learned Judge called upon the appellant to defend himself.…
…Okenye made the submission that the case against the appellant had not been proved beyond a reasonable doubt.…
Division and case type: CriminalCriminal Appeal
…Mr Ouma who appeared with Ombija for the appellants in this appeal has put up a spirited submission in urging this Court to allow the appeal and quash the orders of the learned Chief Magistrate who tried the appellants in…
…The submissions by Mr Ouma in this regard are not without merit. From the recorded evidence, I find that the prosecution failed to prove that the stuff was one to which the rules applied.…
Division and case type: CivilCivil Suit
…In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded. He has supported his argument with English authorities.…
…Exhibit 1,2 and 4 and the written submissions by the learned counsels for the parties. M/s Wetangula & Co Advocates for the defendant suggests a figure of Shs 80,000/- M/s KJ Kinyanjui a figure of Shs 170,000/-.…
Division and case type: CivilCivil Appeal
…To buttress their submission, they cited and relied on a decision of the ordinary bench of the court in the case of Roman C Hintz v Mwangombe Mwakima [1988] 1 KAR 482 decided on the 26th July, 1984.…
…This is a bold submission and we must examine whether that contention is soundly based.…
Division and case type: CriminalCriminal Appeal
…I have perused the application and given due consideration to the submissions by counsel.…
Division and case type: CriminalCriminal Appeal
…Against the conviction the appellant has submitted to us an elaborate set of the submissions comprised of 6 pages. This we have perused and fully considered when arriving at our judgment.…
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: CivilCivil Suit
…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: FamilySuccession Cause
…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…