Search court decisions

…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…It was also his evidence that the plaintiffs vehicle was moving slowly. On the above evidence, who was to blame for the accident?…

…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…It was also his evidence that the plaintiffs vehicle was moving slowly. On the above evidence, who was to blame for the accident?…

…There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-.…

…The Plaintiff in her evidence said that the agreed fees between her and the Advocate was Shs.40,000. She had to borrow more money from her Co-operative Society to finalise the purchase.…

…There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-.…

…The Plaintiff in her evidence said that the agreed fees between her and the Advocate was Shs.40,000. She had to borrow more money from her Co-operative Society to finalise the purchase.…

…Again the evidence on record both from the defence and the plaintiff confirm that this was the position.…

…However it came out from the evidence that this was an accepted practice. The rest of the issues No 4-7 deal with trust.…

…It also is regarded to have admitted it unlawfully detained the motor vehicle for the whole period it remained in its custody, which according to the evidence was 231/2 days.…

…However no evidence was adduced as to what other companies charged. I have considered this matter carefully. Clearly, the plaintiff was denied the use of her car.…

…We have no direct evidence as to how the collision occurred.…

…Those mechanics could have given better evidence.…

…Evidence on that sub-division is not convincing. It is denied by both Defendants and there is no evidence of it on the relevant land register as should have been the case.…

…There is evidence of her occasional desertion of her husband making it difficult to find a cont8inuous period of more than 12 years. There is no evidence of adverse entry.…

…But that is no evidence either that he is the one who stole them alone or with anyone else.…

…There is simply no evidence at all to support such a claim as a claim to special damages.…

…I have considered the evidence both of the plaintiff and that of the defendant and came to above finding. 1st to consider the plaintiff’s own evidence in that she married Kungu she then moved onto the suit premises in 1963…

…When it was revealed in evidence that she was not teaching at St Paul in the sixties but seventies, she became tongue-tied.…

…In brief the evidence on behalf of the plaintiff is this.…

…They were unshaken and maintained their evidence.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…Because of that denial it is incumbent upon the plaintiff to demonstrate by evidence that the services were indeed rendered and at the request of the defendant.…

…In view of what I have stated above and particularly the lack of evidence in support of the application, I am unable to find that the defendant’s defence is a sham as alleged by the plaintiff or at all.…

…Mr Kabuki informed the court (when the case was called) that he was not offering any evidence. Mr. Chohan applied for the dismissal of the suit with costs.…

…The defendants did not admit any part of the claim against them and so I was left with no alternative but to dismiss the claim for lack of evidence. Costs were awarded to the defendants.…

…The elders award was as follows:- “According to the evidence adduced by both parties it is clear that the deputants are brothers.…

…The learned counsel fails to realize that there was no evidence of a Will before this new panel of elders. There was no evidence of a first registration.…

…accident which was adduced in evidence by consent.…

…Such evidence does not tend to show that before the accident the plaintiff was planning a naval career.…

…The court then proceeded to hearing evidence on how this accident occurred.…

…From the evidence before the court it is not in dispute that the two vehicles collided in broad daylight. Dr Mburu (P W 1) testified that it was a clear day.…

…On this issue, the plaintiff gave evidence and was positive that the 1st defendant knocked him down on the zebra crossing. For this evidence, he found some support from the evidence of Constable John Murunji.…

…He did not say in evidence that the injuries he sustained, rendered him impotent.…

…The evidence before me is not clear on the titles of officers and the name of the department or division of the City Council under which the Plaintiff worked. Various titles descriptions have been used in the evidence.…

…Njau were among the people who were summoned by the Committee and gave evidence before the Committee.…