Search court decisions

…The evidence which was before me which had not been controverted by the applicants was that only doors had been pulled down. Consequently I made an appropriate order as to their replacement.…

…I find that the evidence before me that liability has been admitted by the defendants at 85%. None of the parties mentioned whether the defendants No. 2 and 3 were prosecuted as stated in the plaint.…

…As for the charged property - L.R MV/V1517 Mombasa, 2nd plaintiff only entered into a sale agreement on 11.7.96 and there is no evidence that defendant was consulted or informed. That is almost four months from 19.3.96.…

…The existence of this dispute over the siting of their manager’s house is clear evidence that the partners have fundamentally disagreed and that the dissolution of the partnership is the only available solution.…

…court ought not to deal with any merits of the case for that is a function solely reserved for the judge at the trial as the court itself is not usually fully informed as to deal with merits without discovery, without oral evidence…

…No evidence was produced to show the steps so far taken to regularise the position and on this question I find that at the cancellation of the allocation of the plot the improvements thereon were illegal structures.…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…

…These two issues form the main body of the present suit most of the allegations against the 1st and the 2nd defendant call for oral evidence.…

…Whilst I am not too certain whether the plaintiff has shown that they have a prima facie case with a probability of success, I am far more uncertain whether on the affidavit evidence the plaintiffs will suffer injury which…

…You look at the laws of Kenya and you find no discrimination against children’s evidence on mere grounds of the children being young.…

…Subject to the rules of corroboration in certain circumstances, and corroboration may also apply to the evidence of certain adults, there is no difference in evaluating the evidence of the old and of the young.…

…There is no new and important matter or evidence which was not within the knowledge of Mr Mwakiwiwi or Messrs Arum and Company Advocates which has been presented to me to have warranted me to review the consent judgement.…

…The applicant adduced no evidence of the agreement in writing for this purchase and/or that he obtained the requisite Land Control Board consent for this transaction.…

…The statement is not required to contain the evidence which has come to the knowledge of the Governor and which it may be against the public interest to disclose.…

…In such a case the court has to base its decision on the evidence of the detainee assessing his credibility, knowledge and intelligence, a far from sound basis on which to make a finding of invalidity.…

…However I am doubtful of its probability of success as I am not seised of the evidence of the case nor am I aware of the law forbidding the members from requiring their officials to conform to the laid down rules by a court…

…The Titles presented by the Petitioner were fake and forged, with no evidence as to how the Petitioner acquired them.…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

…or which have actually been violated in situations where damages would be an inadequate remedy, or to those who are favoured by the balance of convenience in situations where as a result of serious conflict of affidavit evidence…

…Evidence is essential to show that the agreement would be invalid without the participation of the omitted party. Moreover under ordinary rules of contract the agreement will not bind those who did not subscribe to it.…

…I have carefully considered the evidence viva voce and by affidavit and the circumstances of the making of this application.…

…Under order 35 rule 2 a defendant is entitled to show either by affidavit, or oral evidence, or otherwise, that he should have leave to defend the suit.…