Search court decisions

…The applicant has not effectively challenged that evidence.…

…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…

…The evidence from the Ministry of Labour, Mombasa: It was given by Mr Francis Gitau who is incharge of workmen’s compensation.…

…My conclusions on this issue: I am satisfied on the basis of the evidence that the plaintiff must have been engineered and coached to give the evidence intended to exculpate the 1st defendant.…

…To the Court his evidence was that he was a livestock trader which entailed buying cattle from markets in his home district and taking them for sale in Nairobi.…

…It is in evidence herein that on the material date he was taking 7 head of cattle for sale in Dagoretti in Nairobi.…

…Coupled with that there is the evidence of DW 1 to the effect that the plaintiff was seen by him leaving his farm on the material day and shortly before his arrest. That evidence stands uncontroverted.…

…That evidence is at great variance with what is contained in the P3 form. There are peculiar aspects about Dr Rouhani’s medical evidence.…

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

…Those mechanics could have given better evidence.…

…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.…

…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.…

…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.…

…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 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.…

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

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

…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.…

…Patel himself giving evidence. Nor did the Plaintiff himself give evidence about the injuries so that I must rely only on my understanding of the report produced in the circumstances I have stated.…

…There was evidence of secondary osteoarthritis change. A calcaneal spur had developed and the subtalar, joint margins were sclerotic.…

…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.…

…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.…

…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.…