Search court decisions

…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.…

…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.…

…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.…

…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.…

…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.…

…He did not think a great deal of the medical evidence and of the plaintiff’s viva voce evidence of the extent of his injuries.…

…He thought that evidence was exaggerated because the appellant was minded to make a financial profit of this small incident.…

…At the hearing before the learned Judge, evidence was given by Fredrick Gachoka Njoroge (plaintiff No. 4) and one Kinuthia Githuri on behalf of the plaintiffs whilst the defendant gave evidence and called one witness.…

…She is the one who gave evidence that the piece of land belonged to the father. The fourth plaintiff giving evidence stated as follows: “The issue of Mbugua being a younger son was put to Mzee Kinuthia.…

…The 2nd defendant’s evidence as to the most likely point of impact is supported by the evidence of his employer (DW 1) who had happened to pass on that road after the accident and was at the scene while the police were still…

…And I see no reason why I should not accept the evidence of the 2nd defendant. I would also observe that the police were at the scene. They could haveprovided valuable evidence at least as to the point of impact.…

…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…

…He had before him evidence to show that the appellant was guilty of the offence of causing death by dangerous driving.…

…This evidence was not challenged.…

…Looking at the evidence as a whole, it is plain to us that the learned judge could not have come to any other conclusion than that the respondent’s account of the accident was the correct one.…

…In his evidence he asked that the defendant’s fence be removed to the line of the 1959 boundary.…

…After reviewing the evidence, the trial court decided that the proper line of the 1959 boundary was where the defendant had built his fence.…

…or that they are unsupportable on the evidence available on the record.…

…Where no evidence adduced the claim should be disallowed. It is very sad that the plaintiff was injured in this matter.”…

…The learned trial judge heard and fairly and properly considered the entire evidence adduced and held that the relationship between these parties was governed by the agreement, that the defendant had contravened the clause…

…It is axiomatic that this appeal is in the nature of a rehearing and that if it is clear that if the trial judge came to a wrong conclusion due to a misapprehension of important evidence as a whole, the decision of the High…

…It is for the Court, to which application is made, to decide, on all the evidence then before it, whether such real danger existed at the time when the impugned decision was taken.…

…There is no evidence or even suggestion that he discussed any of the cases then pending before me, which he certainly did not. (7) There is no actual evidence that there are real grounds for doubting my ability to ignore…

…Contradiction in the evidence of the 2nd respondent, which Simpson, CJ, had also noted, were on a very material issue.…

…With no evidence relating to her interest on record there was no foundation to form a basis for any appeal by her.…