Search court decisions

…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 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.…

…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…

…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.…

…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.…

…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…