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…NO. 947 OF 1996) ************************* JUDGMENT OF THE COURT Having considered the submissions made on behalf of the parties herein, we allow the appeal and order that the deceased’s body be handed over to the appellant…

…As regards this ground which we agree raised a matter of law properly for decision by this Court, namely, in the submission that the finding in fact has no evidence to support it, we have come to the conclusion that there…

…made without the benet of the nal submissions.…

…He submitted that the parties did le submissions but it was he who gave the Respondent a copy of submissions and that is not an error that can be attributed to Court.…

…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…

…INDEPENDENT MEDIA SERVICES LIMITED........3RD RESPONDENT RULING In the course of his submissions, Mr Chunga for the Republic referred to sections 7, 20 & 21 of the Penal Code and section 136 of the Criminal Procedure Code…

…Mr Khaminwa adopted the above submissions made by Mr Imanyara and added that what was relevant to the present proceedings was order 52 of the Supreme Court Rules and the relevant sections thereof and not any section of the…

…Comprehensive submissions were made by both Mr Mutungi and Mr Arum for the 2nd respondent. Masime, J, rejected the preliminary objections based on these two issues.…

…In respect of the ground that there was no sufficient reason for granting the application for review Mr Gaturu’s submissions were levelled mainly on the following two matters: 1.…

…This case is also relevant to the third head of Mr Englehart’s submissions.…

…The point was noticed by counsel for the respondents during his submissions in the Westbourne Galleries case.…

…He concluded by urging the Court to allow the appeal. [14] Mr Kepha Onyiso a Senior Principal State Counsel in the Attorney General’s office filed written submissions on behalf of the respondent.…

…In the submissions two main issues were identified for determination.…

…Parties led their submissions. 8. The Claimant through its submissions submitted that his evidence that there had been an accident was unchallenged.…

…It is his submission that the evidence he brought before this Tribunal proved his case.…

…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.…

…In his submissions the appellant repeated his contentions made in the superior court in respect of salary for 8 months, house allowance for 9 months and expenses incurred in travelling in connection with his work permit all…

…He also made submissions for an award of general damages for mental anguish and apprehension of possible arrest.…

…Mr Ngunjiri did not make any submission in respect of ground four above.…

…In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…

…Mr Ngunjiri did not make any submission in respect of ground four above.…

…In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…

…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.…

…This formed the basis of the submissions of Mr.…

…Etyang’s submissions and there is no need for us to deal in any depth with his submissions on this point.…

…date, a matter which is quite different from the setting aside of the fundamental and substantial order of stay of proceedings which in any case, was not applied for or even mentioned by counsel for the respondent in his submissions…

…A third submission by Mr Ghadialy that the suit was unmaintainable because no award had been made as a result of the arbitration proceedings which could then give rise to a cause of action by the respondent, was also brushed…

…Accordingly, there is no merit in the answer to the applicant’s submissions on this point.…

…If this submission on behalf of the applicant is right, as I find that it is, then he is entitled to succeed regardless of his further submission that the Originating Summons is not the proper mode of obtaining a decision…

…Counsel’s submissions before the superior court rivetted around the letter date 10th May, 1990 the contents of which are set out above.…

…The trial judge adjudicated on the two rival submissions by holding that the copy of the letter aforementioned to the appellant constituted a notice as is required by law and that the appellant in responding to it on 24th…

…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.…