Search court decisions

…That leaves the evidence of the driver to be considered. 31.…

…None of the witnesses who testified tendered such evidence. 36. I have found above that the evidence of the driver was not reliable with respect to the defence tendered.…

…evidence, misapprehended the evidence, or applied wrong legal principles.…

…The 1 st Respondent maintained that her evidence as to how the accident occurred was consistent, direct, and uncontroverted, and was supported by documentary evidence including the police abstract, P3 form, and medical reports…

…By opting not to adduce evidence to rebut the Respondent's evidence, they took the risk of leaving the Respondent's evidence unchallenged." 28.…

…As a matter of fact, the Appellant did not adduce evidence at all thus the evidence by the Respondent remains uncontroverted.…

…to be allowed to adduce the said evidence. 6.…

…or to require the evidence to be taken; e) to order a new trial. 2.…

…I have looked at the same and I do not find such evidence.…

…The evidence tendered on that issue by the appellant was from PW 1 and the police abstract. These two pieces of evidence will be considered in turn. 35.…

…That the evidence sought to be introduced was not new but had always been available. That there was no evidence that any effort had been made to obtain the said evidence before now. 11.…

…evidence on the other.” 22.…

…Issue 2: Whether the learned trial magistrate properly evaluated the evidence on record 38.…

…A trial court is under a duty to evaluate all evidence before it and explain why it accepts or rejects particular evidence.…

…The Appellant argued that where evidence is uncontroverted, unchallenged and unimpeached, the logical and legal consequence is that such evidence ought to be accepted as establishing the facts deposed therein. 7.…

…The Respondent further submitted that while a Police Abstract is not conclusive proof of liability, it constitutes relevant corroborative evidence, particularly where it is supported by other evidence on record. 26.…

…A party must prove the facts pleaded through evidence in court. 20.…

…Ibui & another v Ibui & 2 others [2023] KEELC 19200 the court stated that pleadings are not evidence and parties must provide direct evidence through witness testimony as required by the Evidence Act. 23.…

…The trial Magistrate reached a finding that is not based on evidence /or is based on no evidence going by the record. ii. The trial court misapprehended the evidence in some material respect. iii.…

…Whereas eye witness evidence is valuable, it is not the only evidence that can be used to prove fault on the part of a driver of a motor vehicle.…

…Evidence Before the Trial Court 10.…

…Annah Mutua Ndwiga , [2017] eKLR where the Court held: “The legal burden is discharged by way of evidence, with the opposing party having a corresponding duty of adducing evidence in rebuttal.…

…Claimants’ evidence at the trial court 3. The claimant testified as CW1.…

…Exclusion of strict Rules of evidence (1) The Court shall not be bound wholly by the Rules of evidence. (2) Without prejudice to the generality of subsection (1), the Court may admit as evidence in any proceedings before…

…Section 106B (4) of the Evidence Act is couched in mandatory terms that a certificate is I ssued in order to have electronic records admitted in evidence.…

…Section 78A of the Evidence Act on admissibility of electronic evidence states as follows.…

…Nor did he tender any direct evidence as to the causation of the accident.…

…Their evidence was mainly hearsay and was contradictory.…

…He pointed out that the jurisdiction of the appellate court to admit new evidence is stipulated in section 78 of the Civil Procedure Act where the Court may take additional evidence or require additional evidence to be taken…

…These are (a) evidence could not have been obtained with reasonable diligence for use at the trial; (b) the evidence would probably have an important influence on the result; and (c) the evidence must be credible.…

…That the same police officer gave evidence as PW2 and DW1 and gave conflicting evidence.…

…It is clear from the evidence of these two witnesses that the court was treated two conflicting pieces of evidence while giving evidence for the Plaintiff, this witness was clear that since he was not the investigating officer…

…The 1 st appellant in his evidence testified that he owns m/v KBQ 675U.…

…The 2 nd appellant in his evidence corroborated the evidence of the 1 st appellant and in particular that the accident involved m/v reg No. KBQ 675U.…

…As correctly submitted by the appellant, the evidence of PW2 who was also DW1 was purely hearsay and was thus inadmissible in evidence. 14.…

…The record shows that the statement was properly admitted as evidence under Section 35 of the Evidence Act pursuant to an application which was filed by the appellant dated 5th August 2024.…

…no evidence whatever in rebuttal, and that the apportionment offended the burden and standard of proof under section 107 of the Evidence Act (Cap. 80).…

…But the principle presupposes a plaintiff whose evidence is insufficient. It has no application to a plaintiff who has led sufficient evidence.…