Case law
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Division and case type: CivilCivil Appeal
…The appellant filed a petition of appeal and during the hearing put in what he called submissions but which are in effect a repeat of the contents of the petition of appeal.…
…In reply to the appellants’ submissions Mr Dhankal for the respondent reiterated the legal position that in a second appeal it is incumbent on the appellant to show that an error of law has been committed by the lower court…
Division and case type: CriminalCriminal Appeal
…The appellant argued his appeal through written submissions. The state also filed their written submissions in opposing the appeal. Submissions [13] At the hearing of the appeal, learned Counsel for the appellant, Mr.…
…Kakoi for the State relied on written submissions filed on behalf of the State.…
Division and case type: CriminalCriminal Appeal
…We have carefully considered the grounds set out in his petition and the submissions made by Mr. Onsongo for the appellant. We are not satisfied that the appeal raises any point of law. We may add that Mr.…
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
…Simon Nyamai added nothing in his submissions during the hearing of the appeal. We must be unmoved by these references to age or health or family obligations by such people.…
Division and case type: CivilCivil Appeal
…In support of his submissions, Mr Pandya referred us to a passage in Mogregor on Damages, 15th Edition, paragraph 1593 under the heading “infant children”.…
…It is clear to us that the burden of Mr Pandya’s submissions, supported by these authorities, is that, as the deceased boy was only six years old, he could not have been in a position to make any contribution of a pecuniary…
Division and case type: CriminalCriminal Appeal
…Submissions are made frequently on the ground of misdirection that the summing-up did not contain some important issues for consideration.…
…It is only when the notes appear on the record that the submissions can be maintained or answered.”…
Division and case type: CivilCivil Appeal
…We have carefully analysed and re-evaluated the entire evidence adduced at the trial and considered the submissions of learned counsel and indicated our ndings thereon.…
Division and case type: CivilCivil Appeal
…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…
…The submissions of Mr Aboo and of Mr Kassim were ably put but in the end those of Mr Aboo do not prevail in the circumstances of this appeal and, in my judgment, the ruling of Mr Justice Bhandari was correct.…
Division and case type: CivilMiscellaneous Application
…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…
Division and case type: CivilMiscellaneous Application
…We were denied his notes of the submissions of Mr Kuria for the company and Mr Le Pelley for the receivers, Bank and KCFC, probably because of lack of time to prepare them.…
…Seeing, therefore, we were not sitting on appeal from Mr Justice O’Connor, and for less were we dealing with the intended appeal, and cannot deal with the trial, much of what was put before us in documents, authorities and submissions…
Division and case type: CivilCivil Suit
…We were denied his notes of the submissions of Mr Kuria for the company and Mr Le Pelley for the receivers, Bank and KCFC, probably because of lack of time to prepare them.…
…Seeing, therefore, we were not sitting on appeal from Mr Justice O’Connor, and for less were we dealing with the intended appeal, and cannot deal with the trial, much of what was put before us in documents, authorities and submissions…
Division and case type: CivilCivil Suit
…Until the time this suit was referred to in the submissions in this application, the respondents were not aware of it.…
Division and case type: CivilCivil Appeal
…After careful consideration of Mr Wasuna’s submission on this aspect, I do not think the appellant was precluded on the pleadings from alleging and proving contributory negligence if he could.…
…The learned trial judge did not take into consideration that part of the submission of the respondent regarding general damages were vague, speculative and conjectural without evidence being let on it, and hence should have…
Division and case type: CriminalCriminal Appeal
…Mr Prinja made submissions on 15 grounds of appeal on behalf of Anupchand and 13 for Vijay and Mr Metha replied to them for the Republic, and we are grateful to them for all the work and addition they have brought to bear…
…Here, in this case, after carefully considering all the arguments and submissions on both sides, and our own evaluation of the evidence adduced at the trial, we are left with no reasonable doubt Anupchand and Vijay were properly…
Division and case type: CivilCivil Appeal
…The appellant in his submissions to us reiterated that which is contained in the above summed up grounds of appeal.…
Division and case type: CivilCivil Appeal
…Shakeel was acting as an agent for his father the defendant, so as to bind him by the agreement was never an issue in the case, and he took this court in detail through the pleadings and the record in order to demonstrate his submissions…
…Having come to this conclusion I do not need to decide on the sixth issue nor on the fteenth ground of appeal, as to whether specic performance should be ordered, both counsel who appeared before us having reserved their submissions…
Division and case type: CivilCivil Appeal
…From the papers filed and the submissions made by the counsel for the respondent it does not appear. To my mind, that consent was unreasonably withheld prior to coming to court.…