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…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.…

…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.…

…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…

…His salary was not even given in evidence. In these circumstances, the learned judge made several crucial findings which are the subject of this appeal.…

…to the evidence, than judging the matter by the record itself.…

…The evidence which was adduced in the proceedings for assessment of damages was specifically for that purpose and for none other.…

…The defendant’s failure to supply a helmet after evidence of the previous incident of attack is an act of continued negligence.…

…No doubt, this pleading aimed at reliance on section 47A of the Evidence Act (cap 80); but the theft by Moses Aila is not denied as such by the second respondent.…

…The parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…

…The learned trial judge found on evidence that the 1st and 2nd respondents were responsible for the very tragic accident.…

…He does not appear to have had regard to the medical opinion which was expert evidence and which quite clearly established the appellant’s condition at that time.…

…In the face of this kind of evidence, we cannot see what possible defence was open to the appellant.…

…The Titles presented by the Petitioner were fake and forged, with no evidence as to how the Petitioner acquired them.…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…