Search court decisions

…The issue of jurisdiction was decided, “on the evidence” before Golf, J.…

…It is immaterial whether the evidence is scanty or limited. Scanty or limited facts constitute the evidence before the court.…

…When the learned judge reached the evidence of Mr. Njugi he said: “I must confess the evidence of Mr.…

…It was evidence which corroborated Mary Njoki’s evidence, in particular it established her connection with the deceased.…

…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…

…For nearly eighteen (18) years hence, there is no evidence of any conjugal relationship between the deceased and the rst appellant. Indeed, since 1972 there was no evidence of such relationship.…

…Damages are clearly payable to the parents of a deceased child, irrespective of the age of the child and irrespective of whether there is or there is not evidence of pecuniary contribution. 3.…

…The award of shs 100,000/- was in any event excessive and not supported by any evidence of loss. We shall deal with ground one first.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…, relying instead on circumstantial evidence. ; 5.…

…and the fact that the Respondents did not tender any evidence.…

…Whether the trial court erred in admitting the WhatsApp messages in evidence. ii. Whether the trial court erred in failing to consider the Appellant’s testimony/evidence Admissibility of Electronic Evidence 18.…

…Section 78A of the Evidence Act provides that: - “78A.…

…Lastly, it was stated that the Evidence Act, at section 34 thereof, permits the Court to admit such evidence. 5. The application was opposed.…

…The Appellant submitted that admission of such evidence would amount to allowing hearsay evidence.…

…of the evidence adduced on record and the Appellant’s written submissions, thereby arriving at the wrong finding not supported by the evidence on the record and the law. 9.…

…On failure to consider material evidence, the Appellant contended that the trial court erred in finding that no valuation report or evidence of sale had been produced.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…or to require the evidence to be taken; 12.…

…The rule does not authorize the admission of additional evidence for the purpose of removing lacunae and filling in gaps in evidence. The appellate court must find the evidence needful.…

…Yet the trial court went ahead to rely on his evidence, casting doubt on the evidence of two eye witnesses to the accident.…

…In considering the evidence tendered at the trial and placing the evidence of PW 1 and DW 1 side by side, I find that the evidence of PW 1 was the more probable and reliable, even as he would tend to be biased towards the…

…Based on the discrepancy between the pleaded evidence and oral evidence, the trial court did find that she did not prove her case and proceeded not to award her damages.…

…Evidence contradicts another piece of evidence when it says the opposite of what the other piece of evidence has stated and not where there are mere discrepancies in details between them.…

…The Honourable Adjudicator erred in holding that the Appellant did not adduce evidence to rebut the opinion in the police abstract, whereas the Appellant availed evidence in rebuttal. 3.…

…As evidenced at paragraph 14 of the Impugned Judgment, the trial court correctly found that the Appellant had failed to present evidence that would controvert the Respondent's evidence. 27.…

…The application seeks orders that: 1) This Honourable Court be pleased to grant leave to the Applicant to adduce additional evidence on appeal. 2) The additional evidence sought to be adduced, namely: (a) the Investigation…

…The evidence is therefore relevant and capable of influencing the outcome of the appeal. 13.…

…She was emphatic that he had not demonstrated that he did not have the Payslip that he wished to be admitted as additional evidence or adduce evidence of liabilities.…

…to make out a fresh case or to improve their case by calling further evidence.…

…evidence on the other.” 6.…

…evidence on the other.” 18.…

…Production of additional evidence in appellate court (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the court to which the appeal is preferred; but if— a…

…E394/2021 as additional evidence in this appeal. 4.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…