Judgment[1994] KECA 114
Case law
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Division and case type: CivilCivil Appeal
…With regard to absence of evidence of service of the order it is not disputed that no evidence to that effect is annexed to the affidavits in support of the motion.…
…There is no evidence at all of the person who served Mr Malakwen on 3rd November, 1993.…
Division and case type: CivilCivil Appeal
…The issue of jurisdiction was decided, “on the evidence” before Golf, J.…
…It is immaterial whether the evidence is scanty or limited. Scanty or limited facts constitute the evidence before the court.…
Division and case type: CivilCivil Appeal
…When the learned judge reached the evidence of Mr. Njugi he said: “I must confess the evidence of Mr.…
…It was evidence which corroborated Mary Njoki’s evidence, in particular it established her connection with the deceased.…
Division and case type: CivilCivil Appeal
…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…
…For nearly eighteen (18) years hence, there is no evidence of any conjugal relationship between the deceased and the rst appellant. Indeed, since 1972 there was no evidence of such relationship.…
Division and case type: CivilCivil Appeal
…Damages are clearly payable to the parents of a deceased child, irrespective of the age of the child and irrespective of whether there is or there is not evidence of pecuniary contribution. 3.…
…The award of shs 100,000/- was in any event excessive and not supported by any evidence of loss. We shall deal with ground one first.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The respondents further argue that there is no error apparent on the record nor discovery of new or fresh evidence to warrant the grant of the review application dated 5th December, 2024 and the court is functus officio and…
…E032 of 2024, there was discovery of new evidence after conclusion of Kisumu ELRC JR No. E044 of 2023 necessitating the new suit and the court failed to consider the new evidence.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…No evidence was adduced of a meeting of the 1st Respondent having taken place on 24th October, 2023. 45.…
…There is no evidence that this was done.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Respondent anchors their decision on extrapolation of the incident that resulted in the prosecution in KISUMU ACECA E002 OF 2020 Republic v Boaz Okoth & others, and, a supposed failure to obey a lawful command no plausible evidence…
…Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.” 32.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The current scenario is different as there is no supportive evidence.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Facts and evidence forming the basis for a recusal application should be pleaded and established by the party asserting impartiality or bias. 28.…
…Regrettably, the ex-parte applicants have not put before the Court any evidence to demonstrate that the Ruling was leaked or that the Court was party to such leakage. 31.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Evidence on record reveals that the respondents were served via email on 18th June, 2024 and the instant suit was filed on 2nd August, 2024.…
…The allegation that the applicant made calls to the Clerk of the County Assembly have not been substantiated by demonstrable evidence.…
Division and case type: Employment and Labour Relations CourtJudicial Review
The Court of Appeal dismissed William Ateka Ogato's judicial review motion against Kisii University, Kisii University Council, and Professor Fredrick O. Wanyama. The court addressed competency issues, finding that the motion was not improperly filed under the same file number as prior leave proceedings, and that the applicant had sufficient locus standi. It also rejected Professor Wanyama's sub judice and res judicata claims due to lack of evidence from other courts. The court held that the renewal of Professor Wanyama's contract complied with the Universities Act, as the renewal process followed the required evaluation and did not necessitate a fresh competitive recruitment process, aligning with the Court of Appeal's interpretation in the Itolondo case.
Division and case type: High Court DivCivil Appeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: Employment and Labour Relations CourtJudicial Review
The court dismissed the applicant's summons seeking leave to apply for a mandamus order to form a Teachers Service Review Committee, ruling that the applicant failed to meet statutory requirements for review requests under the Code of Regulation for Teachers, 2015, including payment of a Kshs 2,000 levy, and did not provide evidence supporting when he became aware of dismissal. The court found the applicant's claim statute-barred under the Employment Act and Public Authorities Limitation Act, as the statutory window for challenging dismissal had expired, and the applicant's failure to pay the review levy rendered his request for review non-existent. The court also noted the applicant's lack of satisfactory explanation for delayed awareness of dismissal and the applicant's failure to address the Commission's assertions about the Review Committee's existence.
Division and case type: High Court DivCivil Appeal
…, relying instead on circumstantial evidence. ; 5.…
…and the fact that the Respondents did not tender any evidence.…
Division and case type: High Court CivilCivil Appeal
…Whether the trial court erred in admitting the WhatsApp messages in evidence. ii. Whether the trial court erred in failing to consider the Appellant’s testimony/evidence Admissibility of Electronic Evidence 18.…
…Section 78A of the Evidence Act provides that: - “78A.…
Division and case type: High Court CivilCivil Appeal
…Lastly, it was stated that the Evidence Act, at section 34 thereof, permits the Court to admit such evidence. 5. The application was opposed.…
…The Appellant submitted that admission of such evidence would amount to allowing hearsay evidence.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…of the evidence adduced on record and the Appellant’s written submissions, thereby arriving at the wrong finding not supported by the evidence on the record and the law. 9.…
…On failure to consider material evidence, the Appellant contended that the trial court erred in finding that no valuation report or evidence of sale had been produced.…
Division and case type: High Court DivCivil Appeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…or to require the evidence to be taken; 12.…
…The rule does not authorize the admission of additional evidence for the purpose of removing lacunae and filling in gaps in evidence. The appellate court must find the evidence needful.…