Search court decisions

…Until such time as there is denite agreement on the issues at hand, such correspondence cannot be used as evidence against any of the parties.…

…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…

…The applicant gave evidence as to how he came to sustain the injuries that he now seeks to be compensated for.…

…He had no evidence of head injury. The systematic examination never revealed any other significant injury.”…

…Section 47A of the Evidence Act cap 80 Laws of Kenya is clear on the point.…

…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…

…Accordingly none of the parties to it or any other person would adduce them in evidence in subsequent proceedings without the consent of the parties to it.…

…Mr Mburu appears to have overlooked the fact that privilege is a rule of evidence. It stems from public policy.…

…From the evidence it is clear that the defendant’s step-mother shared with him whatever the plaintiff’s father had given her.…

…Moreover, there is evidence on record, which I accept, that the defendant was not totally unprovided for.…

…be corroborated by other evidence of an independent nature implicating the defendant.…

…evidence requires corroboration as a matter of law by virtue of s.124 of the Evidence Act Chapter 80.…

…In fact there was no pleading or evidence mentioning this road. What the evidence discloses under issue No.7 is that the plaintiff slept under the said motor vehicle.…

…In their evidence the above particulars of the evidence was totally contrary one to the other. The defendants driver never was speeding. He was stationary. The vehicle hardly moved.…

…No evidence was adduced in this case to support the discrete advice to the defendant that the vehicle was being used as a matatu.…

…There was no independent evidence to support this discrete advice to the defence witness.…

…From the evidence of the Plaintiffs only witness he statedwhen asked about an agreement:- "There must have been an agreement.It must be oral."…

…In order to prove that a theft had occurred, all the Plaintiffrequired to do is to produce the lower court file under section 34 of the Evidence Act.…

…It was the defendant's evidence that the seizure of thisvehicle by Triple One Auctioneers was wrongful and that thesale at shs. 950,000/= was undervalue.…

…Looking at the evidence on record we find that the areaof dispute is rather narrow.…

…The evidence adduced in the formal proof proceedings was solely that of the plaintiff. She simply said – “while we were traveling, I heard something like a bomb. I do not know what happened.…

…No evidence was adduced on these 2 aspects of the particulars of negligence alleged in the plaint.…

…He was tried but was acquitted for lack of sufficient evidence. Before the trial the plaintiff was summarily dismissed on account of the loss of that tyre.…

…The plaintiff called evidence to show that the charge of theft by servant was determined in his favour. He was acquitted of the charge.…

…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…

…It is the plaintiff's evidence that, the oral agreement toterminate his services, was on condition that the 1st defendant pays to theplaintiff a total sum of Kshs. 471,000 as earlier mentioned.…

…The variance of the issues raised by the parties calls fordetailed examination of the evidence adduced on each aspect.…

…(d) There is no clear-cut evidence showing' that the plaintiff absconded from duty.…

…That written statement of defence repays a re-reading from time to time when the evidence in the case is being considered.…

…Here again, with the evidence of the written defence of the defendant in the suit in the magistrate’s court at Kaloleni to the same sort of claim and the evidence and plan of the recorder Mwenyesi I declare that the plaintiff…

…There were 9 agreed issues and in my judgment I will answer them as per the evidence which was presented to the court. The statement of agreed issue was filed on 17.11.99 and I shall refer to them later.…

…Evidence The plaintiffs called five witnesses most of them among the plaintiffs who gave evidence that they were either machine operators, machine attendants and store keepers.…

…From the affidavit evidence before me it is clear that the respondents have an interest and rights over the suit property.…

…Considering all the evidence and circumstances of the case it will be unfair to grant an injunction against the respondents in favour of the applicants.…

…But the defendant's evidence which was solely adduced by the man who was the plaintiff's supervisor on the material day contrasted sharply with the advocate's suggestions.…

…The evidence of D.W.I. constitutes the latter version.…

…After considering the evidence offered I find that the liability is on 100% basis. There being no contradictory evidence on loss of expectation of life the deceased was 51 at time of death and was due to retire at 55.…