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: 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
…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: 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
…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: CivilMiscellaneous Application
…I have carefully considered this application and the submissions of both counsels.…
Division and case type: CivilCivil Suit
…In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded. He has supported his argument with English authorities.…
…Exhibit 1,2 and 4 and the written submissions by the learned counsels for the parties. M/s Wetangula & Co Advocates for the defendant suggests a figure of Shs 80,000/- M/s KJ Kinyanjui a figure of Shs 170,000/-.…
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
…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 Appeal
…Written submissions were then made to the judge and at the end of it all he delivered his judgment on the 24th May, 1989, and the operative part of that judgment was as follows:- “After considering the evidence adduced, the…
…medical reports and written submissions of the counsel, cited authorities and in view of the fact that the plaintiff has taken long to heal from the injuries sustained in the accident which occurred on 27th February, 1987…
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: 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 Case
…It was also his submission that the Plaintiff was not a party to High Court Civil Case No. 159 of 1992 which the second Defendant had quoted in his replying as having given the Defendants rights over the disputed land.…
…Responding to the Plaintiff’s Advocates submission that the first Defendant had not filed an affidavit, he stated that there was no law which required one Defendant not to swear an affidavit on his behalf and on behalf of…
Division and case type: Employment and Labour RelationsCase number Cause
…The court has considered the submissions and makes the following findings: 1.…
Division and case type: CivilCivil Case
…In his submissions Mr Imanyara for the Applicant contended among other things that his client should not penalised for not presenting his papers in time.…
…I have considered all the relevant material placed before me and the able submissions of the learned Advocates for the parties.…
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
…It was this payment in the charge sheet which gave rise to the first ground in the memorandum of appeal to this court and formed the main basis of the submissions of Mr Otumba on behalf of the appellant.…
…We gave leave to Mr Etyang to argue the issue before us, but as we indicated during the course of his submissions, there was no evidence that the vehicle, which was produced as an Exhibit, was the one which was being contemplated…
Division and case type: CivilCivil Case
…I have carefully considered the nature of injuries sustained by the Plaintiff and taking into account the Submissions of her Counsel I am in agreement that an award of Kshs. 1,000,000/= would be fair compensation for the…