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…The only medical evidence adduced was that of an Orthopaedic Surgeon who reported on the plaintiff on June 18th, 1986. Dr Khandwalla assessed the plaintiff’s age as 56 years and found a head and dental injury.…

…Medical evidence was that at his age, and with the kind of injury he sustained, a man is not suitable for a watchman’s job. His employer was prepared to continue to employ him.…

…The same treatise further shows that the issue of testators capacity is one of fact which can be proved by medical evidence, oral evidence of the witnesses who knew testator well or by circumstantial evidence and that the…

…There is no medical evidence to rebut the evidence of Mr. Njore and Mr Gitaka that deceased was mentally fit to execute the will on the morning of 19.1.88.…

…In a judgement which ran into twenty pages of typescript and which is difficult to fault, the learned Judge summarised the 1st respondent’s injuries and related the medical evidence and the prognosis of the 1st respondent…

…He was not prepared to question the medical evidence as to the extent and severity of the 1st respondent’s injuries nor the rather dismal prognosis made by the doctors.…

…There may be cases where medical evidence may be misleading enough to enable one judge to grant such leave but when correct medical data may be brought forward by the defendant, the picture may drastically change.…