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…In his submissions to court counsel for the appellant submitted as follows: 1. That the offence charged is not maintainable as the appellant was in the process of driving the said vehicle.…

…Having the heard submissions of both counsels and perused the lower courts record the duty of this court is to decide whether the conclusions reached by the lower court are to be upheld or not see the same of Peter V.…

…Having heard submissions of both parties and having assessed the evidence on the record I find that appellant replied; “it is true” when the charge was read to him.…

…I have perused the same and I agree with the submission of the appellant’s counsel that it donates a situation where the offending party is a party to the proceedings from which the offence arises.…

…During the oral submissions of the application dated 26/9/2014, the applicant stated that he is the deceased’s son and that his mother was the deceased’s second wife .He states that the respondents should be evicted from…

…Counsel for the 1st respondent stated in the oral submissions that plot 053 and 054 and KANGARI/NDAGARE/763 are the property of the 1st respondent’s husband (now deceased) were was the son to the deceased .These property…

…It would appear from the submissions made before me that that Civil Case is still pending determination.…

…A similar submission was made by Mr Onyancha, Mr Kathungu and Mr Prasad. The answer to that is very simple.…

…I agree with the defence submission that no special damages were pleaded in the plaint and as such no such special damages can be awarded.…

…This the plaintiff failed to do in this case and cannot come up to claim such special damages in his written submissions and hope to be awarded the same by this Court.…

…The application is supported by the affidavit in support, annextures and oral submissions in Court.…

…The respondent/defendant has opposed the application on the grounds of opposition filed herein and replying affidavit as well as oral submission in Court.…

…In his submission in court counsel for the appellant reiterated his grounds of appeal and stressed the following points. (1) That since he pleaded that the plaint was filed out of time the plaintiff should have adduced evidence…

…Counsel for the respondent on the other hand opposed the appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination…

…In his submissions to court the appellant who was appearing in person reiterated the contents of the memo of appeal adding that Kshs.500/= was for food, 500/= for a blanket and 600/= just as gifts.…

…The appeal was argued by way written submissions. 4. The appellant in his submission stated that vital witnesses were not called to adduce evidence.…

…At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…

…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.…