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…There was no evidence however, of a similar general agreement between the partnership firm and the defendant.…

…There is not even any evidence of any assignment of the chose in action, ie the claim, from Coast Hauliers to Highway Carriers Ltd.…

…that there has been a dispute among the officers or members of a group so that he is not satisfied as to who are the officers of the group, the Registrar may in writing require the officers of the group to produce to him evidence…

…appointment of officers of the group; or (b) the institution of proceedings for the settlement of the dispute and for a declaration as to who are the officers of the group, and where he does so the officers shall provide evidence…

…She has, I understand from the medical evidence, recovered to be as well as she will ever be.…

…There was not in all her evidence anything to suggest, much less prove, negligence on the part of the bus driver and I must dismiss her claim against the first defendant with costs.…

…It is also common ground that the objector is the judgment debtor’s wife and in the absence of evidence to the contrary they were cohabiting together at the time of the attachment of the goods herein.…

…There is also no evidence that the objector was not aware of the attachment in March, 1992 and in the ordinary course of events and on balance of probabilities, it is this Court’s finding of fact that the objector must have…

…In the absence of any evidence that Mr Shah was not a director of the defendant’s company I hold that he had express as well as implied authority to sign the promissory notes on its behalf.…

…The defendant has not shown any evidence showing lack of consideration to satisfy me that there is genuine triable issue.…

…There doesn’t seem to be evidence that directors failed to comply with provisions of s132 (1), after a request by the requisitionists or that there was such a requisition under that sub-section.…

…I am afraid that I saw no evidence forthcoming in this respect. In addition, there are incorporated into the Companies Act checks and balances to ensure that this doesn’t happen.…

…Order 50 Rule 7 requires an applicant by summons to state in general terms the grounds of the application and where the summons is based on evidence by affidavit a copy of that affidavit is to be served.…

…The evidence of the three witnesses for Gathigia were not taken into account, none of the elders had reached the decision which the Chief recorded and some of them went and reported this to the District Officer, Mathira.…

…There seems to have been no affidavit or evidence in any other form in reply to all this. When this summons came before the judge Mr Ngubuini appeared for Gathigia and Mr Ole Kaparo for Ruchathi.…

…Applying those principles to the facts here, I say that although I am unable to decide on the basis contradictory affidavit evidence whether the Defendant was misled by the Plaintiff’s Advocate as alleged, I am of the view…

…He therefore argued that there was evidence that pleadings had not closed in this case as required by order XVI Rule 5.…

…He also stated that there was no evidence that the estate was being wasted. Ms.…

…Ndagani 716 - was distributed and the 6th respondent produced evidence to show that he purchased 2 acres out of the parcel. 3. Mwajati Manani 4749 does not appear in the list of properties distributed.…

…alternative people presented as suitable “legal representatives”, one is not an appointed executor under the will, and another has been mentally ill, and although believed to have recovered we have not been furnished with evidence…

…However, a triable issue, must, to my mind, mean an issue which would require the adduction of evidence to resolve it. The issues raised above are not in that category.…

…It is required there therefore to comply with Rule 3 thereof which provides “every notice of motion shall state in general terms the grounds of the application and where any motion is grounded on evidence by affidavit, a…

…The court was of the opinion that “if joint affidavits were receivable in evidence there would have been provision for words such as these “or deponents” in both rules 3(1) and 4.…

…There is no evidence of any communication nor does the applicant assert that he ever did so.…

…In this case he has argued that there is no evidence of any complaint having been lodged by a member of the Parish. The whole exercise in his view therefore is null and void.…