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…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.…

…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.…

…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.…

…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.…

…In the absence of any other evidence to the contrary I am inclined to agree with the plaintiff that the allegations were baseless. The defendants were served with summons in this suit. They did not enter appearance.…

…There has been no evidence that he has genuinely looked for a job and has not been successful nor that due to the defendant’s summary dismissal nobody can give him a job.…

…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.…

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

…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.…