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.…

…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.…

…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.…

…The learned Magistrate did not accept the evidence of the appellant that the respondent was her causal worker. She thought this evidence was untrue.…

…Given the evidence the Magistrate heard and the statement the appellant made at Kasarani police station and which was admitted as evidence in the case, she was entitled to hold this view.…

…Evidence is not to be pleaded.…

…The previous driver who had the car since morning is unknown and as such did not give evidence. The evidence of the plaintiff has been corroborated by the two defence witness.…

…Of course apart from the evidence of the respondent, there were also the four medical reports to which we have already referred.…

…It is, however, not suggested in evidence that Dr Kokonya had no basis for starting the respondent on the drugs in the first place.…

…Counsel noted that the respondent did not adduce any evidence relating to the policy. Counsel maintained that the appellant called evidence to confirm its position that the policy did not cover passengers. 8.…

…I have carefully reconsidered and evaluated the evidence which was adduced before the trial magistrate. The evidence was clear that the respondent was injured in an accident whilst traveling in the subject vehicle.…

…(3) What was the value of the respondent’s baggage and its contents on the recorded evidence? (4) Was there any basis for the trial courts’ award of general damages?…

…The learned trial judge carefully analysed and evaluated the evidence adduced before him by both parties, and made findings on it as required by law.…

…The evidence shows that at some time after the death of her son, the appellant decided that it was no longer desirable for the respondent to retain her right to stay on the land.…

…Nor was any evidence adduced to show that by reason of Gatui’s death his wife and children had lost their right to occupation over the parcel of land No Kiambu/Kanunga/661.…

…Four of the remaining holdings were to the effect that the words uttered were not statements of truth or were not supported by evidence.…

…The learned judge had accepted the above evidence and found that during the period that the appellant was the chairman money had gone missing.…

…Thus the case for the AFC proceeded on a wholly false premise, one which, indeed, was belied by their own evidence.…

…The learned trial judge clearly misapprehended various aspects of the evidence before him and consequently made wrong findings thereon.…

…appear to misapprehend that evidence as, they suggest some doubt.…

…He then goes on to water the evidence down by the limited publication of the slander. 7.…

…That the learned District Magistrate erred in law and in fact in arriving at his judgment without considering and evaluating the evidence tendered by the parties. 3.…

…The trial court did not restate the evidence and Counsel therefore invited this court to find this judgment by the lower court is a nullity.…

…That the agreement was for only Kshs.7,000/= which was demanded, that a relative is not precluded from giving evidence as in marriage ceremonies.…

…The duty of this court on appeal is to re-evaluate all the evidence on the record and decide whether the conclusions reached by the learned trial magistrate are to stand or not.…

…The learned judge had before him in addition to the oral evidence that was adduced, documentary evidence which he accepted and which clearly showed more than on a balance of probabilities, that not only was plot No 133R Ongata…

…There was in our view, no need for the learned judge to hear the evidence of Orumoy particularly on a matter which was not controverted.…

…As a first appellate Court we are entitled to re-evaluate the evidence given in the High Court.…

…The evidence is that as he was alighting from the tractor in a hurry he slopped and fell. I do not see any difference in substance therein.…

…With regard to the accident he submitted that the appellant had adduced evidence to show an accident did occur in which her husband had been injured and, because the respondent did not adduce controverting evidence liability…

…Njuguna conceded that the appellant had proved by evidence, that an accident occurred, but did not think that any evidence was adduced to establish negligence on the part of the driver.…

…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…

…The judge referred to the defendant’s evidence that the plaintiff stole from the defendant on September 18, 1976 and held that the evidence was not strictly admissible and added, “the court, therefore, disregards all evidence…