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…The central controversy in this appeal is whether the Appellant’s bank statements, tendered as Exhibits at the lower court, constituted sufficient proof of repayment of the loan to the Respondent.…

…At the outset, it is important to appreciate a critical evidential distinction: the Appellant’s bank statements demonstrate, at most, that funds were withdrawn from his accounts on the material dates.…

…The Appellant submitted that the trial court imposed an unduly high standard of proof by requiring receipts and/or bank statements, yet the Appellant had tendered credit notes and supporting documentation in the normal course…

…The Respondent urged the court to reject credit notes for want of bank statements or receipts.…

…She produced her Equity Bank statement showing that no money was received into her account on the material day. 6.…

…The Respondent's own bank statement showed reimbursement in two instalments of Kshs. 100,000/- each on 4 th August 2021.…

…The Respondent produced evidence in the form of a bank statement and an MPESA message indicating that the phone number to which the money was sent belonged to the Appellant. 3.…

…Having produced the M pesa records and the bank statement, the Respondent had established that he paid the said amounts to the Appellant.…

…E064 of 2022) the same court relied on the bank statement to conclude that the Appellant had divested ownership.…

…On his part, the 1st Respondent submits that the trial court did not err in law or in fact in expunging the further list of documents filed by the Appellant on 3rd July, 2024, which included bank statements from Equity Bank…

…The defense case was that even when they were asked for the bank statements, they supplied the same and the only reason that they delayed in supplying was that the Appellants had cited the wrong account number. 9.…

…The Appellants also raised the issue of not having been supplied with the bank statements for the period of 2009, 2010, 2011 and 2012.…

…During re-examination, DW1 conceded that not all bank statements had been produced. 14. The defence case was then closed and the matter proceeded by way of written submissions.…

…The Appellant further argued that it produced evidence of payment including bank statements and a schedule of payments totalling KES 15,563,909 . 27.…

…The learned Magistrate erred in law and facts by deciding that the loan agreement should be transacted through inter bank accounts transfer by noting in the judgment that there were no bank statements to prove the disbursement…

…I note that in determining the case or claim the trial Magistrate stated that there was no evidence of disbursement of the loaned money either through bank statements or Mpesa.…

…The Respondents produced the Bank’s letter of offer/approval for restructure of the loan dated 12.05.1999, the 1st Respondent’s loan agreement with Barclays Bank dated 19.07.1996, bank statements from Standard Chartered and…

…Further, the Respondents produced bank statements from Standard Chartered and Barclays Bank for the years 1995 and 1996 which do not explain or upstage the Respondents’ indebtedness as of 1999.…

…The application was premised on the ground that the defendants had failed to supply the plaintiffs with the bank statements and that the plaintiffs were apprehensive that their property would be sold. 17.…

…The plaintiffs submitted that the defendants had only shared bank loan statements from 2009 contrary to what the court had ordered.…

…Market Value of Kshs. 290,000 and Forced Sale Value of Kshs. 200,000: i) minutes of tender opening showing the process of sale; ii) a memorandum of sale dated 30th September 2022 confirming sale at Kshs. 200,000; and iii) bank…

…statements and loan account records evidencing receipt and application of the sale proceeds and the outstanding balance. 11.…

…They have annexed the Bank Statements from DTB Bank in support of these claims. 41.…

…The Bank statements merely provided evidence of the various transactions carried out by the Deceased in the course of his business.…

…According to the Appellant, the bank statement annexed to the Replying Affidavit showed that no funds existed capable of attachment. Reliance was placed upon Safaricom Limited vs.…

…The Respondents did not file any submissions on the appeal but from the impugned ruling and the record before the Court, the 1st Respondent's position was that the bank statement relied upon by the Appellant was unreliable…

…According to the Appellant, the bank statement annexed to the Replying Affidavit showed that no funds existed capable of attachment. Reliance was placed upon Safaricom Limited vs.…

…The Respondents did not file any submissions on the appeal but from the impugned ruling and the record before the Court, the 1st Respondent's position was that the bank statement relied upon by the Appellant was unreliable…

…statement to demonstrate otherwise. 4.…

…incorrect, without availing any evidence in court, as proof of the alleged incorrectness and alleged inaccuracy of the bank statements supplied by the Appellant/Garnishee Bank. 9.…

…statements to prove settlement of the said debt. 6.…

…Based on an independent analysis of the bank statements provided by the respondent, it clearly shows that the appellant indeed did make a payment of Kshs 100,000/= to the appellant on 27 th September 2021, and later reversed…

…MUCHAI and ALBERT MAKUNDI MUCHAI, this Honourable Court be pleased to make an Order directing them to produce before the court the Respondent''s book of accounts, audited financial statements, annual returns, VAT returns, bank…

…statements, cheque books, title deeds, bank guarantees and other relevant documents for the last five years. 5.…

…statement to demonstrate otherwise. 4.…

…incorrect, without availing any evidence in court, as proof of the alleged incorrectness and alleged inaccuracy of the bank statements supplied by the Appellant/Garnishee Bank. 10.…

…The learned Magistrate further held that the only way the court would have verified the veracity of the prosecution evidence was by reconciling the bank statements, deposit slips and Equity Agent Transaction Register.…

…It was submitted that the mere fact that the 1st appellant did not produce bank statements and the bank register clearly shows that there was dishonesty on the prosecution which connotes malice. 22.…