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…When the appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions.…

…Submissions 13. On 18th May, 2023 the Court directed that the application be canvassed by way of written submissions. The Parties complied. Petitioner’s submissions 14.…

…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…

…Submissions 13. On 18th May, 2023 the Court directed that the application be canvassed by way of written submissions. The Parties complied. Petitioner’s submissions 14.…

…He urged the court to dismiss the Application with costs. 4th respondent’s submissions 20.…

…I then ordered that counsel were to make written submissions; Mr. Pandya for the Plaintiff was to supply the Court with his submissions within seven days from the date of the hearing. Mrs.…

…Pandya’s submissions were received on the 21st July, 1992. By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…

…I must not omit to comment on the submissions of the applicant Chiaba, on the issue he raised regarding the affidavit of service.…

…His main submissions were not affected and I would apply the provisions of order 18 rule 7 CPA and dismiss the objections as mere technicalities.…

…I have carefully considered this application and the submissions of both counsels.…

…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…

…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/-.…

…Upon close of oral evidence both parties were invited to le written submissions.…

…The plaintis led the written submissions dated 1st July 2024, whilst the Defendants relied upon their written submissions dated 22nd September 2024. Analysis and Determination 19.…

…After having carefully considered Mr Obhrai’s submission in relation to these rather conflicting averments in the affidavits of the 2 council senior employees I find myself agreeing with Mr Sereje and Bana that Messrs Arun…

…When all is said and done in this case I still fail to find, either in the affidavits filed in support of the application or in the submissions of Mr Obhrai, any feature which brings the application within the ambit of order…

…Whereupon respective parties opted to file and exchange written submissions. This was subsequently done. I have carefully read and considered them together with cited authorities.…

…Secondly, the 1st defendant claims in his submissions that from the copy of the title extract produced in court it is clear that no particulars of any trust are noted therein.…

…It was also his submission that the Plaintiff was not a party to High Court Civil Case No. 159 of 1992 which the second Defendant had quoted in his replying as having given the Defendants rights over the disputed land.…

…Responding to the Plaintiff’s Advocates submission that the first Defendant had not filed an affidavit, he stated that there was no law which required one Defendant not to swear an affidavit on his behalf and on behalf of…

…In his submissions Mr Imanyara for the Applicant contended among other things that his client should not penalised for not presenting his papers in time.…

…I have considered all the relevant material placed before me and the able submissions of the learned Advocates for the parties.…

…I have given due consideration to these submissions. The jurisdiction of the High Court is not being challenged by the defendant.…

…I have carefully considered the nature of injuries sustained by the Plaintiff and taking into account the Submissions of her Counsel I am in agreement that an award of Kshs. 1,000,000/= would be fair compensation for the…

…Both his defence at trial and his submissions before court cannot convince this court that the appellant is innocent of the offence with which was charged.…

…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…

…I have considered the submissions of both counsel. I have also perused the authorities submitted by both counsel.…

…In his submissions the counsel proposed shs.2,005,020/=. Using the formula salary 15,000/= x12 months x 14 years at the time of death the deceased he was aged 51 years.…

…Each of the appellant filed written submissions and chose to rely on the same entirely.…