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
…Mr Ouma who appeared with Ombija for the appellants in this appeal has put up a spirited submission in urging this Court to allow the appeal and quash the orders of the learned Chief Magistrate who tried the appellants in…
…The submissions by Mr Ouma in this regard are not without merit. From the recorded evidence, I find that the prosecution failed to prove that the stuff was one to which the rules applied.…
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: 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: CriminalCriminal Case
…We have considered the appellant’s grounds of appeal and the submissions by the appellant. We have also considere the submissions by the state in opposition to the appeal.…
Division and case type: CivilCivil Case
…The defendants on their part did not offer any evidence but their advocates filed written submissions.…
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: 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: 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 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: 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…