Search court decisions

…This was done and their report produced in evidence (Exhibit 1). They were paid for this work.…

…Having considered the pleadings in this case the evidence of Hosider “Cawasji Bapuji Mistri (PW1) and the supporting documents I am satisfied that the plainuffs' claim has been sufficiently proved.…

…He said there were no cars traveling along River Road at the time. nor were there any parked on either side of River Road, An interesting element of the plaintiff’s evidence was that he was certain that the collision was…

…A striking feature of the plaintiff's evidence was that he maintained that when he first saw the defendant's car he was about 9 yards from the junction.…

…The plaintiff swore an Affidavit to that effect and also called the witness who not only swore an Affidavit in further support but also gave Viva Voce evidence.…

…I have considered the Affidavits in support of this application and the oral evidence tendered.…

…The evidence rendered in support of the application, therefore, remains uncontroverted. The evidence was tendered to the respondents before this application was lodged.…

…There was no rebuttal evidence. It then follows that the cheque was banked in the ordinary course but was improperly dishonoured. The defendants/ respondents do not deny the money is owing.…

…I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…

…There is no evidence on record that the operators licence of 1st May, 1988 was ever terminated in the manner provided therein. It is not clear as to why the operators licence of 1996 had to be drawn.…

…I have considered the evidence before me. I have no doubt in my mind that the motor vehicle was carrying the potatoes in question for hire and reward.…

…The evidence is clear on this and although both the plaintiff and his driver as at the time the motor vehicle was stolen attempted to convince this Court that that was not so, I am of the firm view and so hold, that their…

…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.…

…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.…

…In an application for review under Order 44, rule 1, which this one is, the applicant must demonstrate the discovery of a new and important matter or evidence which, after exercise of due diligence, was not within his knowledge…

…No discovery of such new and important matter or evidence is pleaded in the grounds on the face of the application or in the supporting affidavit.…

…Although there was no eye witness there was, evidence connecting the shooting causing these injuries with the two Administration Police at the scene, there is evidence that they were aiming to shoot further, until the mother…

…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.…

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

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

…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.…

…This land, from the evidence before the court belonged to the older brother of PW1, PW1 and the defendant.…

…The court finds that the defendant was very co-operative and clear in his evidence.…

…It is true that in certain circumstances evidence of surrounding circumstances may be admissible in order to interpret a document (see section 29 proviso (6) of the Evidence Act) but in no case is evidence of prior negotiations…

…admissible (see Virbai v Bhatt (1) and the evidence of a prior draft which has been rejected, of a contract is ipso facto nothing other than evidence of prior negotiations.…

…I learnt much from his evidence including the fact that it is near impossible to have material pyrogen free in this imperfect world of ours. What is desirable is to restrict the level of pyrogen to an acceptable level.…

…I now turn to the evidence and to the impression made on me by the witnesses. The only witness called by the plaintiffs was its Managing Director.…

…There was further evidence that the landlord’s agents continued receive rent from the tenant after the expiry of the notice.…

…Section 52(2) of the Registered Land Act makes it absolutely clear that the landlord’s acceptance of rent after the expiry of the notice to vacate should be taken as evidence of the landlord’s consent to continued occupation…

…This land, from the evidence before the court belonged to the older brother of PW1, PW1 and the defendant.…

…The court finds that the defendant was very co-operative and clear in his evidence.…