Case law
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Division and case type: FamilySuccession Cause
…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
…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
…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
…Otara for 1st, 2nd, 3rd and 4th Appellants to file written submissions which he did and which I have had occasion to peruse. This application is opposed and Mr.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Appeal
…In support of his submissions, Mr Pandya referred us to a passage in Mogregor on Damages, 15th Edition, paragraph 1593 under the heading “infant children”.…
…It is clear to us that the burden of Mr Pandya’s submissions, supported by these authorities, is that, as the deceased boy was only six years old, he could not have been in a position to make any contribution of a pecuniary…
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: 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
…Omollo entirely relied on the application whilst Miss Sigei made oral submissions. Miss Sigei submitted that the Applicant sought a chance to be on push up duties to take care of his mother.…
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: CivilMiscellaneous Application
…Momanyi's submissions, Mr. Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…
…After considering submissions by learned counsels for both parties, the pleadings before me, the law as provided in the Children’s Act, and the various International Legal Instruments to which Kenya is a signatory, I am satisfied…
Division and case type: Constitutional and Human RightsPetition
…Momanyi's submissions, Mr. Anampiu submitted that the fact that the application was not brought by way of Notice of Motion does not go to the root or substance of the application.…
…After considering submissions by learned counsels for both parties, the pleadings before me, the law as provided in the Children’s Act, and the various International Legal Instruments to which Kenya is a signatory, I am satisfied…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Mr Aboo’s further submission was that the respondent’s cause of action was for damages for negligence or breach of duty (the duty existing by virtue of a contract) and the damages he claimed for the negligence and or breach…
…The submissions of Mr Aboo and of Mr Kassim were ably put but in the end those of Mr Aboo do not prevail in the circumstances of this appeal and, in my judgment, the ruling of Mr Justice Bhandari was correct.…
Division and case type: CivilCivil Appeal
…On that day, the learned counsel for the plaintiff punctually and dutifully attended court, while the counsel for the defendants arrived late while the plaintiff’s counsel was already making his submissions for the dismissal…
…When given a chance to respond to the said submissions, he said nothing.…
Division and case type: Constitutional and Human RightsElection Petition
…SUBMISSIONS 6. The petitioner submitted as follows in writing in support of the Application dated 27th November 2017.…
…To the above submissions by the appellant and the 1st respondent through its learned counsel Mr.…
Division and case type: Constitutional and Human RightsElection Petition
…SUBMISSIONS 6. The petitioner submitted as follows in writing in support of the Application dated 27th November 2017.…
…To the above submissions by the appellant and the 1st respondent through its learned counsel Mr.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…Mr Prinja made submissions on 15 grounds of appeal on behalf of Anupchand and 13 for Vijay and Mr Metha replied to them for the Republic, and we are grateful to them for all the work and addition they have brought to bear…
…Here, in this case, after carefully considering all the arguments and submissions on both sides, and our own evaluation of the evidence adduced at the trial, we are left with no reasonable doubt Anupchand and Vijay were properly…
Division and case type: CivilCivil Appeal
…From the papers filed and the submissions made by the counsel for the respondent it does not appear. To my mind, that consent was unreasonably withheld prior to coming to court.…