Search court decisions

…That assumption, on the evidence adduced before me, is not correct because D.W.1 who was in charge of the Ferry at the time of the alleged accident strenuously denied in his evidence that the Ferry was involved in any accident…

…This must be so due to the nature of the evidence I received, particularly that of D.W.1. Mrs.…

…The witnesses gave concurrent evidence. At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…

…It is his stand that since the evidence is not challenged liability is established.…

…When the suit came up for hearing the plaintiff gave evidence in line with his pleadings and explained how he was injured.…

…The doctor who examined the plaintiff was called to give evidence.…

…Except what the 1st defendant said there is no evidence to suggest that her ownership was subject to any trust.…

…There is evidence (see Exh.5) that the 1st defendant had been interfering with the late Mary James ownership of the property.…

…Although silent on the prayer for orders restraining the partitioning and disposal of the suit land, from the evidence the plaintiff does not want such sub-division to occur and the land to be shared out between him and his…

…There is no evidence that the trust was to be for the plaintiff and any other person in respect of this very suit land.…

…Plaintiff’s evidence disclosed that by an agreement dated 20.11.85 (Ex1) defendant agreed to sell motor vehicle Reg No KWJ III to plaintiff at a price of Shs 220,000.…

…From the evidence there is no doubt that plaintiff took possession of the motor vehicle on 20.11.85 and used it as a matatu until 30.4.86 when it was grounded.…

…Apart from just saying that as a result of indemnities and counter indemnities under various charges and securities he failed to come out with convincing evidence on this issue.…

…Mr Hewett in his submissions contended that the transfer of charge put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer…

…If an offer is made ‘ without prejudice’, evidence cannot be given of this offer.…

…However, if this offer is accepted, a contract is concluded and one can give evidence of the contract and given evidence of the terms of the ‘without prejudice’ latter offer.…

…There is no evidence produced before this court by the defence to challenge the plaintiff’s case.…

…The evidence of Mr Karanja that he even visited the kiosk on March 6, 1985 when this case was going on is not supported by any other witness.…

…At the hearing of the suit the Plaintiff’s witnesses adduced evidence to the effect that c. the accident was due to the negligence of the 1st defendant who was the 2nd defendant’s servant. They were duly cross-examined.…

…Therefore in a case where the defendants have failed to adduce any evidence in support the assertion made in their pleading the issue of liability must, ipso facto, be resolved in favour of the plaintiff whose evidence stands…

…I have therefore, to consider which evidence I should believe. There is evidence from Mr Datoo that the property he seized included 1,000 cassettes.…

…This conflict of evidence I must solve. It is anything but easy to do so. I am however satisfied on the balance of probabilities that I should believe the story told by the plaintiff.…

…The 1st defendant appeared and gave evidence on oath on her counterclaim.…

…The 1st defendant gave evidence to back her claim.…

…The evidence against the first two defendants is given by the two plaintiffs.…

…The evidence with regard to the deceased Abdi introduced in the case is not quite relevant and can have no effect on the facts of this case.…

…It was his evidence that the allegation of fraud lacked supporting evidence; while the allegations of violation of banking regulations and practice with regard to the accounts he opened lacked substance.…

…There is no evidence before me as to the position with regard to the remaining terms.…

…The defendant in his evidence admitted that the plaintiff is the son of his deceased brother, Nkambi.…

…The defendant has a younger brother, Mbae Nkambi but from the evidence adduced, it is not certain whether he was born before his father’s death or after his father had died.…

…The defendant admits in his evidence that the plaintiff was in fact injured.…

…The evidence of the defendant and DW 3 is not conclusive.…

…Edith Nyambura Muchiri (DW1) gave evidence in support of the defendant’s counterclaim.…

…The plaintiff also did not offer any evidence to controvert the plaintiff’s case he relied on submissions by his counsel which can be accepted on points of law but cannot respond to facts.…

…Evidence has been tendered to that effect.…

…Is a court entitled to presume that service was effected and leave an ex parte judgment undisturbed even when there is stark evidence that the defendants did not have notice of the hearing.…

…The plaintiff in his evidence told the court that he was thirty years old and carried on the business of dealing in second hand tyres. He had two shops one in Mwembe Tayari and the other in Jomo Kenyatta Avenue.…

…That concludes the evidence for the plaintiff. The defence offered no evidence. The court therefore now proceeds to assess general and special damages. First the special damages.…