Search court decisions

…Before the trial civil court, it was the 1st respondent claiming Kshs. 2,448,000.00 had been negligently withdrawn from his account, by tricks, forgery, collusion of bank employees, failing to install the CCTV cameras to…

…The evidential burden, that was on him, was to shift to the appellant, only upon evidence being adduced, on a balance, that there were tricks, forgery and dishonesty of employees. 9.…

…The Respondent denies the allegation of forgery.…

…We start by saying that it was the respondent who was alleging that the will was a forgery and the burden to prove that allegation lay squarely on him.…

…The respondent is the 2nd petitioner in Sirisia SPMC Succession Cause No. 14 of 2020 is facing a criminal charge of forgery in Criminal Case No. E258 of 2023.…

…While it is not rebutted that there is criminal case pending before the court where the 2nd petitioner is charged for an offence of forgery and while it is not rebutted that indeed there was such forgery during the institution…

…It was submitted that the appellant was not bound by the signature affixed on the second agreement any more than he is bound by a forgery.…

…The appellant’s response and testimony in court was that the aforementioned agreement was a forgery as he never signed it and that the signature therein was thus a forgery.…

…It added that evidence from the investigating officer confirmed that the Respondent was charged with forgery and the making of a false document. 18.…

…The proceedings were eventually dismissed or ended in his favour, and the Plaintiff was acquitted of the charge of forgery.…

…, and the trial court made a negative inference in failing to find that the said letter was a forgery.…

…The principal contest between the 2 revolves around the letter of 28th January 2015, which the trial court partially relied on to dismiss the review application, and which the appellant argues was a forgery, in respect of…

…however vehemently denied that he received any money from the Appellant or that he signed any loan agreement and contended that the signature which it is alleged he appended to the agreement produced by the Appellant was a forgery…

…that from the evidence tendered it was highly probable that the Appellant and the Respondent entered into a friendly loan agreement and that the respondent on the other hand had failed to discharge his burden of proving forgery…

…however vehemently denied that he received any money from the Appellant or that he signed any loan agreement and contended that the signature which it is alleged he appended to the agreement produced by the Appellant was a forgery…

…that from the evidence tendered it was highly probable that the Appellant and the Respondent entered into a friendly loan agreement and that the respondent on the other hand had failed to discharge his burden of proving forgery…

…The Appellant has termed these forms as forgeries that were full of inconsistent information.…

…The Appellant’s contention that the said forms were forgeries because the entries therein were inconsistent or incorrect or that they bore no stamp was not sufficient to prove that they were forgeries.…

…By pleading forgery, the appellant was alleging dishonesty on the part of the respondent.…

…Thirdly, even in the absence of the particulars of forgery as found above, it is obvious that the forgery, if at all, could only have happened with respect to the signature appearing on the document as hers since the other…

…That the trial court evaluated the two sets of X-rays and medical reports and found no manipulation or forgery. 19.…

…Allegations of forgery and fraud, even when raised in a civil suit, must be strictly proved.…

…Without prejudice to the foregoing, the Defendant pleaded non est factum in respect of any insurance sticker or certificate said to relate to the tuk-tuk, and raised particulars of forgery and fraud, namely: the manufacture…

…He adopted his witness statement dated 25th January 2024 (filed 30th January 2024) as his evidence-in-chief, in which he denied that the Defendant had issued an insurance cover to the tuk-tuk in question, alleged forgery…

…As to the allegation of forgery, the Appellant did not, at trial, discharge the burden resting upon it.…

…DW1 could not confirm that any report had been made to the police concerning the alleged forgery, and no evidence beyond bare assertion was led in support of it.…

…Further to the denial, the appellant pleaded that in case there was an insurance sticker or certificate indicating that the defendant had insured the said motor vehicle then it was a stranger to the same which must be a forgery…

…It set out the particulars of the alleged forgery and/or fraud.…

…They must specify exactly which documents were forgeries. They must go on to specify who committed the forgeries and must go further and prove that the alleged fraudulent acts actually occurred. 58.…

…As such the allegations of fraud/forgery remain unproven allegations. 59.…

…In their application, the Appellants claimed that the agreement for sale of the said portion produced in court was a forgery. 4. In his ruling, the Hon.…

…Kadhi found that the Appellants did not provide forensic evidence on their concern of the documentary forgeries alleged.…

…He was arraigned in Eldoret Court and charged in Criminal Case No. 1837 of 2006 on theft and forgery charges, which he was a total stranger to.…

…The trial court Ruling shows that the 1 st respondent was charged with one count of stealing, contrary to Section 275 of the Penal Code, and another count of Forgery, contrary to Section 349 of the Penal Code.…

…The 4 th respondent, however, on 3 rd April,2017 approached the appellant’s office claiming the manifest correction was a forgery prompting it to inform the Kenya Revenue Authority (KRA)- the 2 nd respondent to cancel the…

…Thereafter, PW1 stated, a representative of the appellant apologized and immediately made calls and sent emails to Customs to stop the amendments the were being undertaken as the affidavit sworn by Moses Mwendwa was a forgery…

…premised on the following grounds; i) That the learned Magistrate erred in law and in fact by failure to consider that the appellant was not involved in a friendly loan agreement dated 28th November, since the same was a forgery…

…The respondent testified that the agreement was not a forgery and that the appellant had not reported the same to the DCI. Further, that he has the original document and has not been charged for the alleged forgery.…