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…Anyanzwa's submission that the Prosecutionmade a grave error in failing to subject all the containers, whichon evidence, could have provided leads to the poisoning, tochemical analysis.…

…I accept the submissions of defence counsel andthe reasons for the opinions given by the two assessors in thisregard.…

…In my view the appropriate way to deal with a submission of this kind is to allow the offending party an extension of time in which to comply with the rule subject to a penalty in costs where appropriate.…

…The submissions for the appellant were that it was not his fault but that of his first and second advocates that he was not before the magistrate when the case was heard and one advocate wrote this letter to the magistrate…

…This court directed the Counsel for the parties to make oral submissions. Mr. Magolo admitted that they had indeed filed High Court Constitutional Petition No. 50 of 2020 before Judge E. Ogola and that it was dismissed.…

…We agree with counsel for the first and second respondents in his submission that the issue as to whether a Court of law has jurisdiction to entertain a matter before it, is not one of mere procedural technicality; it goes…

…In a rejoinder to the submissions made by the appellant’s counsel, the respondent’s counsel maintained that the appellant having failed to file any avoidance suit even after the declaratory suit was filed, the correct position…

…I will not at this stage deal with Mr Nowrojee’s submissions at any length because, with respect, I am in substantial agreement with all that he has stated.…

…This court directed the Counsel for the parties to make oral submissions. Mr. Magolo admitted that they had indeed filed High Court Constitutional Petition No. 50 of 2020 before Judge E. Ogola and that it was dismissed.…

…We agree with counsel for the first and second respondents in his submission that the issue as to whether a Court of law has jurisdiction to entertain a matter before it, is not one of mere procedural technicality; it goes…

…Both learned counsel have also made their very able submissions for which I commend them. At the centre of this dispute are two documents attributed to the plaintiff.…

…If at the close of evidence in support of the charge, and after hearing such summing up, submissions or arguments as the prosecutor and the accused person or his advocate may wish to put forward, it appears to the court that…

…“S.211.(1) At the close of the evidence in support of the charge, and after hearing such summing up, submission or argument as may be put forward, if it appears to the court that a case is made out against the accused person…

…Satchu’s arguments that his submissions and the decisions which he cited did not touch on the real issue of jurisdiction. 41.…

…The further matter arising on this appeal is in respect of a submission by Mr. Inamdar that the respondent as applicant in the High Court did not make a full and frank disclosure.…

…Bucley’s submissions on this aspect of the case, “ while paying lip service …… his ( the judge’s ) heart was not really in what he felt obliged to concede.”…

…Buckley referred in the course of his submissions, and which is included in the respondent’s list of authorities and in their written submission handed in advance of the appeal, was Evans Marshall & Co ltd. v Bertola S.A.…

…But before he opened his lips to make his final submissions Mr Kilonzo for the plaintiff, invited me to enter judgment against the defendant firm.…

…He claimed his authority for this submission on Order 9B rule 6 of the Civil Procedure Rules. I declined to do this but said I would give my reasons for this in my judgment.…

…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.…

…Their appeals are poorly put forward and we have considered that they have repeated Mr Ghalia’s submissions.…

…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.…