Case law
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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: 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 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
…Upon close of oral evidence both parties were invited to le written submissions.…
…The plaintis led the written submissions dated 1st July 2024, whilst the Defendants relied upon their written submissions dated 22nd September 2024. Analysis and Determination 19.…
Division and case type: CivilCivil Case
…His contention and submission was that he did not have notice of the time and place of trial.…
…In the foregoing circumstances and in deference to Mr Nanji’s submissions I am inclined to exercise my judicial discretion in favour of setting aside and will mulct Mr Shah personally to pay the costs of the plaintiff and…
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.…
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: CivilCivil Appeal
…In the record from the lower court and even in his submissions before this court, the appellant has repeatedly stressed his contribution towards the acquisition of the matrimonial home and that he is a coowner with the respondent…
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
…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…
…medical reports and written submissions of the counsel, cited authorities and in view of the fact that the plaintiff has taken long to heal from the injuries sustained in the accident which occurred on 27th February, 1987…
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 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: 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: 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 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…