Search court decisions

…and in support of his argument has cited the case of Damodar Jinabhai & Co Ltd and another v Eustace Sisal Estates Ltd. [1967] EA 153 where at page 155 Sir Charles Newbold, P., said inter alia: “Before I deal with these submissions…

…The learned judge did not accept the submission that a point of law takes a case out of the ambit of Order XII r. 6.…

…After hearing the submissions of the advocates, the learned judge held that Kakuzi had shown that on the balance of probabilities, Karuri was not acting within the scope of his employment at the time.…

…Before turning to the submissions on the law, it is, as usual, important to set out the facts before the judge.…

…The grounds in support are set out in the body of the application, supporting affidavit and oral submissions in court and the key ones are that the defendants filed an application seeking to restrain the plaintiff from interfering…

…In answer to Miss Ali’s submissions, Mr. Muthoga who appeared with Mr.…

…I agree entirely with Miss Abida Ali’s submission that the order in faovur of Yusuf Kipkorir Kaittany had no legal basis as he was not a party to the proceedings.…

…From the submissions advanced, Messrs Wambugu & Company advocates honoured their professional undertaking and released sum of Kshs 7,543,467.65 towards the redemption of the mortgaged property.…

…From the submissions advanced, Messrs Wambugu & Company advocates honoured their professional undertaking and released sum of Kshs 7,543,467.65 towards the redemption of the mortgaged property.…

…The submission in reply made by the advocate for the appellant was the simple one that the respondent was not in possession of the note on April 7, 1981, when it was not met, or on April 16, 1980, when this suit was filed…

…So much for the pleadings, the correspondence, the proceedings in the High Court and the submissions of the advocates for the parties. The relevant law follows.…

…other side’s witnesses and led his own witness on this very issue; and although in his nal address he objected to the new issue being considered unless made the subject of an amendment to the plaint, he nevertheless made submissions…

…In his petition of appeal and in his submissions both written and oral, the main point taken up by the appellant is that he was framed in these charges by the police and that the learned magistrate erred in not believing…

…I have been persuaded by the submissions made, based on these authorities, to believe that the trial judge while seized with all the facts of the case and the law in the matter, if the authorities now referred to us were…

…So, although in the submission of Counsel, the 1st respondent was deserving of generous damages, she ought not to be awarded what was more than adequate.…

…He excluded some members of his family from his ward after which he gave Having considered the whole document, the evidence and submissions, I am satisfied that the position of the testators thumb print on the will shows…

…Mr Inamdar relied on the case of Scottish Co-operative Wholesale Society Ltd v Meyer & Another [1958] 3 All E.R 66 in support of his submissions to the effect that section 210 of the 1948 English Companies Act gives wide…

…The Arbitrator(s) would determine a fair market value of your Client’s shares at the date of submission to arbitration. 3.…

…Now my readings of the recorded evidence and the advocates’ submissions in the trial do not lead me to differ from the trial judge’s analysis of them, his assessment of the credibility of the parties and witnesses, his findings…

…Consequently, there was no evidence, law or submission about it before the judge. Mr. Kirundi argued that, nevertheless, the judge should have found that there is what Mary had been to Peter, his common law wife.…

…This issue is not without difficulties and even though Mr Ishan Kapila… has in his submissions to us conceded that personal service is not contemplated under the National Assembly and Presidential Elections Act and the National…

…I have considered authorities which were cited by both counsel and their submissions and have come to the rm conclusion that real prejudice and real mischief are anticipated if the respondents are permitted to act for the…

…In his oral submissions in court counsel for the defendant/applicant maintained that they are entitled to the reliefs sought on the following grounds:- 1.…

…Ransley for the defendant stated in his submissions that he is not denying that the defendant did seek to make arrangements to obtain security documents.…