Search court decisions

…This court ordered that the objection be canvassed by way of written submissions but only the defendant filed submissions. I have considered the objection and the written submissions. 3.…

…Under Rule 20 therefore, the hearing of constitutional petitions is either by way of affidavits, written submissions or oral evidence.…

…It thus needs not be gainsaid that in practice here in Kenya the default setting is that in petitions hearing is by way of affidavit evidence and written submissions unless a party applies or the court makes an order for…

…The Plaintiffs were also granted leave to file written submissions within 14 days upon service of the Defendant’s submissions.…

…The 1st Defendant filed a further affidavit which she swore on 10th May 2024 but failed to file written submissions.…

…Conversely, the respondent in this application contends that the parties agreed on November 19, 2024, to canvass this matter through written submissions, and that the documents submitted should be accepted as evidence.…

…As previously indicated, the parties have consented to address this matter through written submissions. Mr. Mwanzia, representing the applicant in the principal case, has adhered to this arrangement, while Mr.…

…Directions on the application were given that the same be canvassed by way of written submissions.…

…Pursuant to the directions, the Plaintiff filed written submissions dated 11/6/2024 through the firm of Khaminwa & Khaminwa Advocates and the Defendant filed his written submissions dated 18/6/2024 through the firm of B.…

…The application was disposed of by way of written submissions which the 1st defendant filed, dated 13th October 2025, while the plaintiff filed his dated 14th October 2025. The 2nd defendant never filed submissions. 6.…

…I have considered the written submissions of the parties and the contents of the proceedings in the earlier case, Malindi ELC Number E027 of 2014, which I had the benefit of handling.…

…The application was canvassed by way of written submissions. While the Plaintiff filed written submissions, the Defendants relied on oral arguments presented in court.…

…thereby violating the mandatory provisions of Order 21, Rule 4 of the Civil Procedure Rules. g) That the learned magistrate erred in both law and fact by failing to adequately consider the Appellant's case, particularly its written…

…submissions, and proceeded to issue eviction orders on an insubstantial ground. h) That the learned magistrate erred in law and fact when he arrived at an award that is inordinately and manifestly excessive in the circumstances…

…THAT the motion shall be heard on 19/2/2026 by way of highlighting written submissions; 5.…

…At the conclusion of the case for the first defendant, the court directed the first defendant to submit written submissions. I acknowledge receipt of written submissions from Mr.…

…After the court confirmed they were properly served with a hearing notice for that date, it closed their case and scheduled a mention date for filing written submissions on May 28, 2025. 12.…

…The Application was canvassed by way of written submissions. The Applicant’s submissions 10.…

…The 1st Respondent/Applicant, Abdallah Athman Sheelali, filed written submissions dated 3/6/2025 in support of the application, seeking to strike out the Petition on grounds of procedural impropriety and want of proper corporate…

…The application was canvassed both by way of written submissions and orally by the parties. 5.…

…Still, towards expeditious disposal of the same, the Court will provide the following directions: a) The petition will be canvassed through affidavits, statements, and written submissions. b) The AG has 30 days from this…

…On 3/2/2025, the Court issued directions that the Petition be disposed of by way of written submissions to be filed by all parties within 28 days. In addition, counsel for the Petitioner, Mr.…

…Where a court has ordered a petition to be disposed of by way of written submissions and no other method of disposal has been provided for, that petition can not be deemed to have been prosecuted unless the submissions are…

…The court directed parties to file written submissions, however, as at the time of writing this ruling, only the Plaintiffs had complied.…

…Their written submissions are dated 10/1/2025 wherein they reiterated the facts averred in their application and supporting affidavit.…

…The objection was disposed of by way of written submissions. the plaintiff filed submissions dated 7/10/2024. The defendant filed none.…

…Parties were directed to canvass the application by way of written submissions. 5.…

…The Applicants filed written submissions on 13/8/2025. They submitted that their application seeks the withdrawal of Malindi CM ELC Case No.…

…I have carefully considered the Notice of Motion dated 15/4/2025, the affidavit in support, and the written submissions filed by the Applicants.…

…The Applicant filed written submissions dated 16/6/2025 in support of the application. In the said submissions, the sole issue identified for determination was whether the eviction orders sought are merited.…

…I have carefully considered the application, the supporting affidavit, the annexures thereto, and the Applicant’s written submissions.…

…It having been ordered by this court that the motion would be tried by way of written submissions, and no other method of disposal having been prescribed, the defendants, by failing to find the submissions, have failed to…