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…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…

…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…

…proceedings of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped…

…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…

…proceedings of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped…

…A 47A of the Evidence Act) Inthis case, there is no evidence that the driver was convicted. All plaintiffstated is that the driver was prosecuted. He does not say in which trafficcase and the result of the prosecution.…

…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…

…The Evidence Act (section 124, cap 80).…

…Section 107 of the Evidence Act Cap 80, Law of Kenya provides as follows: “Burden of Proof “107 (1) Whoever desires any court to give judgment as to any legal or liability dependent on the existence of facts which he asserts…

…The onus of proof as stipulated in section 107,108 of the Evidence Act cap 80 Laws of Kenya and as set out in the case of Ernest Kinyanjui Kimani v Muiru Gikanga and another [1965] EA 735 is on the plaintiffs to prove their…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

…It is true that in certain circumstances evidence of surrounding circumstances may be admissible in order to interpret a document (see section 29 proviso (6) of the Evidence Act) but in no case is evidence of prior negotiations…

…Whether or not she was married according to customary law to Kituu was a matter which was especially within their knowledge so under sections 107, 108 and 112 of the Evidence Act (cap 80) the burden of proving the facts which…

…Chemists personnel, who handled various exhibits discovered in the store, which were analyzed and the report of the Government Chemist who is abroad and may not return until the end of the year, was produced under s 77 of the Evidence…

…Act, upon Mr Ghalia for the accused indicating that he did not object to production of such exhibits.…

…Chemists personnel, who handled various exhibits discovered in the store, which were analyzed and the report of the Government Chemist who is abroad and may not return until the end of the year, was produced under s 77 of the Evidence…

…Act, upon Mr Ghalia for the accused indicating that he did not object to production of such exhibits.…

…implicating unequivocally both himself and B, that confession is admissible and may be taken into consideration as against B as well as against A, subject, of course, to the conditions as to admissibility contained in the Evidence…

…Act.…