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: CivilCivil Appeal
…That the court considers the 2.that the court considers the submissions filed in respect of the appeal and other additional submissions as a basis of hearing the appeal on merit. 3. Costs.…
…Mutunga also, were submissions to be considered in determining the appeal herein. On 18.2.88 Torgbor Judge said: "....... this matter is stood over generally.…
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
…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.…
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
…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.…
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: FamilyCase number Adoption Cause
…Counsel for the 2nd and 3rd Respondents in their written submissions dated 15-12-2025 identied two issues for determination. a. Whether the Petitioners application for conservatory orders is merited. b.…
…The Petitioner’s counsel in his submissions led earlier and dated 9-12-2025 had also identied the same singular issue as the one calling for determination. 12.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CriminalCriminal Case
…The court has considered the submissions and makes the following findings: 1.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CriminalCriminal Appeal
…The appellant has repeated more or less these grounds in his written submissions at the hearing of the appeal. With respect, this was not a case where common intention need to be established.…
Division and case type: CivilCivil Case
…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…
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: CRIMINAL DIVISIONCriminal Appeal
…We have also considered their oral submissions to this Court, in the course of which the second appellant drew to our attention that on the August 23, 1984, the date of the hearing of their applications before Bhandari J,…
Division and case type: CivilCivil Case
…The defendants on their part did not offer any evidence but their advocates filed written submissions.…