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…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…

…I cannot say in the circumstances of the case that there was protection under Section 23 of the Evidence Act. The letter was written in response to a demand notice before action for a specied amount money.…

…Mr Mburu’s second argument was that the doctrine has no legal sanction particularly in the Evidence Act, Cap 80 Laws of Kenya. Mr Mburu’s attention must have escaped the provisions of S 23 of the Act.…

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

…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 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.…

…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).…

…the court under section 19 of the Oaths and Statutory Declarations Act, CAP 15, because he does not understand the nature of an oath, then that evidence requires corroboration as a matter of law by virtue of s.124 of the Evidence…

…Act Chapter 80.…

…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.…