Search court decisions

…I have considered this evidence. The testimony of the two witnesses is actually hearsay evidence that is not supported by any direct evidence or documentary evidence. 17.…

…This letter was never produced in court and therefore the evidence by PW1 remains hearsay without any corroboration by any other evidence. 18.…

…and make a decision on whose evidence was probable.…

…Whereas it was not outright hearsay evidence, it was of a lower probative value than the sworn evidence of PW 2.…

…The Appellant submits that the Respondent did not rebut the Appellant’s evidence but instead tendered evidence which had glaring inconsistencies with his written statement.…

…I have carefully evaluated the evidence of the two parties herein.…

…In the present matter, PW2's testimony was not only unsupported by any documentary evidence but was also inconsistent with the contemporaneous police records. [19] The evidence of PW6, Sergeant Kelvin Njagi, who produced…

…on evidence and cannot be founded on conjecture.…

…In the present matter, PW2's testimony was not only unsupported by any documentary evidence but was also inconsistent with the contemporaneous police records. [19] The evidence of PW6, Sergeant Kelvin Njagi, who produced…

…on evidence and cannot be founded on conjecture.…

…The respondent was not granted leave to file a further list of exhibits, and the statement admitted as part of his evidence was nowhere in the evidence.…

…The respondent has adduced his evidence in court.…

…duty of adducing evidence in rebuttal.…

…evidence to dislodge the Respondent’s claim. 28.…

…Without the evidence of these two witnesses, the Appellant’s case was based on hearsay evidence. It is trite law that he who assets must prove. 25. In Grace Kanini vs.…

…There is no such evidence.…

…Where the claimant fails to adduce adequate evidence, on a balance of probability or preponderance of evidence, to require the defence to lead counter-evidence, the case by the claimant would be lost.…

…The obligation to adduce evidence to prove the case remains on the claimant. The claim stands to be dismissed where no evidence is adduced to prove it, or the evidence adduced falls short of establishing the claim.…

…If, however the claimant does adduce some evidence and discharges the burden of proof so as to prove its own case, it is for the Defendant to adduce evidence to counter that evidence of proof of the alleged facts.…

…Unless it contains information regarding the investigations and their outcome, such evidence cannot without more be evidence of negligence.…

…evidence.…

…The Appellant submitted that the eye witnesses whose evidence was not shaken, already corroborated the evidence of the Appellant, so that even if the police officer never testified or his evidence thereof had no weight as…

…Appellant submitted that the evidence tendered before the trial court did not conclusively establish negligence on his part and that the police evidence was inconclusive.…

…was of the view that their evidence remained uncontroverted because the Appellant failed to call any witness or tender any evidence in support of the defence. [19] I have reviewed and re-evaluated the evidence on record in…

…The respondent urged this court to consider that the appellant did not call any evidence to controvert the evidence of the respondent’s witness thus the evidence of liability was unchallenged.…

…or pleads must support the same by way of evidence".…

…not supported by evidence or on wrong principles of the law.…

…This evidence was uncontroverted. The learned trial magistrate overlooked this evidence by ruling that the respondent had not provided any “documentary proof” that she had developed the ratoon crop.…

…They contend that the circumstances of the accident, the evidence adduced and the probative value of that evidence did not warrant the said finding on liability. 9.…

…They rely on the definition of direct evidence in Bwire v Wayo & Sailoki (Civil Appeal 032 of 2021) [2022] KEHC 7 (KLR) , as well as Section 63 of the Evidence Act. 12.…

…He produced the police abstract attributing blame on the appellant’s motor vehicle as evidence; PW2 the respondent who adopted their statement as evidence in chief and PW3 Dr.…

…Similarly, in Peter v Sunday Post Ltd (1958) EA 424 , The court stated that; “Whilst an appellate court has jurisdiction to review the evidence in order to determine whether the conclusion reached upon that evidence should…

…The Appellant further maintained that no evidence linked its motor vehicle to the alleged occurrence. 3.…

…Under Sections 107, 108 and 109 of the Evidence Act, the burden of proof rests upon the party asserting the existence of a fact.…

…Section 108 of the Evidence Act further provides that ; “The burden of proof in a suit or proceedings lies on that person who would fail if no evidence at all were given by the other side.” 8.…

…The general position running through such authorities is that uncontroverted evidence bears a lot of weight and a statement of defence without any evidence to support the assertions therein will amount to mere statements.…

…the Court or Tribunal all available evidence.…

…“the court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filing gaps in evidence. The court must find the further evidence needful;” j.…