Case law
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Division and case type: FamilySuccession Cause
…When the appeal came up for hearing, learned counsels appearing in the matter recorded a consent order to have the appeal disposed of by written submissions.…
Division and case type: CivilCivil Appeal
…She further directed the applicant to le and serve submissions. 4.…
…The applicants led their written submissions on 31st October, 2014, while the respondent led grounds of opposition dated 22nd October, 2014 and a replying adavit dated 24th October 2014, together with their submissions…
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
…Mr Ngunjiri did not make any submission in respect of ground four above.…
…In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…
Division and case type: CriminalCriminal Appeal
…Mr Ngunjiri did not make any submission in respect of ground four above.…
…In his submissions to this court Mr Ngunjiri contended that “Demand” had not been proved.…
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: CivilCivil Appeal
…date, a matter which is quite different from the setting aside of the fundamental and substantial order of stay of proceedings which in any case, was not applied for or even mentioned by counsel for the respondent in his submissions…
…A third submission by Mr Ghadialy that the suit was unmaintainable because no award had been made as a result of the arbitration proceedings which could then give rise to a cause of action by the respondent, was also brushed…
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: CivilMiscellaneous Application
…I have carefully considered this application and the submissions of both counsels.…
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 Case
…Upon close of oral evidence both parties were invited to le written submissions.…
…The plaintis led the written submissions dated 1st July 2024, whilst the Defendants relied upon their written submissions dated 22nd September 2024. Analysis and Determination 19.…
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: CriminalCriminal Appeal
…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: 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: 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 Case
…Whereupon respective parties opted to file and exchange written submissions. This was subsequently done. I have carefully read and considered them together with cited authorities.…
…Secondly, the 1st defendant claims in his submissions that from the copy of the title extract produced in court it is clear that no particulars of any trust are noted therein.…
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: 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.…