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: Constitutional and Human RightsJudicial Review
…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.…
Division and case type: CivilCivil Appeal
…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.…
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: CivilCivil Case
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
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: CivilCivil Case
…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…
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: ELRCMiscellaneous Application
…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 have given due consideration to these submissions. The jurisdiction of the High Court is not being challenged by the defendant.…
Division and case type: CivilCivil Case
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appli
…My view over the submissions is that the partiesstretched their arguments beyond the scope of the application.All that the application asks for is a stay under 0. 41 r. 4of Civil Procedure Rules to pend the hearing of the…
…Gikandi's submission is that the Courthaving given an order of Certiorari and mandamus those became"final" orders which cannot be stayed because it was adetermination on a substantive application for prerogativeorders.…
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.…