Judgment[1990] KEHC 83
Case law
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Division and case type: CriminalCriminal Case
…A notice to produce secondary evidence under section 69 of the Evidence Act (cap 80) is given to an adverse party who has the document in question or under whose power the document is.…
…They both say that copies were relied upon in disregard of the provisions of section 69 of the Evidence Act.…
Division and case type: Constitutional and Human RightsPetition
…The ground on which the petition has been brought is that the company is unable to pa its debts (see sections 219 and 220 of the Companies Act).…
…There is evidence (oral and affidavit ) to show that as at 1st August, 1986 the company was indebted to the Petitioner, for moneys lent and advanced, in the sum of shs 946,615/70 and that on 22nd September, 1986 the necessary…
Division and case type: Milimani Commercial CourtsCriminal Case
…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.…
Division and case type: CriminalCriminal Case
…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…
Division and case type: CriminalCriminal Case
…The Evidence Act (section 124, cap 80).…
Division and case type: Environment and LandPetition
…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.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Case
…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.…