Search court decisions

…The evidence of the 2nd Defendant before the Arbitrator contradicts his own evidence in court that he had never been to that land till after the land was transferred to him.…

…His evidence and that of the 1st Defendant that they visited the said land in September, 1987, clearly confirms the evidence of the Plaintiff and his witnesses that both Defendants had come to the said land in September,…

…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…

…Such evidence was given on commission and taken down by commissioner who signed the document.…

…The principles for the successful grant of a review are well settled and the two which are pertinent to this application are that some new and important matter or evidence which could not with diligence have been discovered…

…Why this authority could not have been discovered after the exercise of due diligence even if this authority could be regarded as “new and important matter or evidence”’ is not explained.…

…He denied the offence and said the evidence of PW1 was false. During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…The prosecution case was dependent on the evidence of PW1.…

…I recorded evidence from four witnesses, on behalf of the plaintiff.…

…This evidence has not been challenged in anyway.…

…Hezekiah Okanja, the plaintiff’s father gave evidence, and Pamela Onyango, whom I have already mentioned, was recalled to give further evidence.…

…Athanasio Otondi Duolo gave evidence which fully corroborated the evidence given by the plaintiff and Zephaniah Odera Okanja.…

…Evidence is on record as to what happened from the various witnesses including the report of Leornard Oloo, the Production Manager. This evidence brings out the sort of person Lawi was, generally.…

…Joshua’s evidence too was that Lawi was a bad tempered man.…

…The Defendants did not adduce any evidence during the hearing. Upon close of oral evidence both parties were invited to le written submissions.…

…There is no evidence to prove either of these allegations.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…The applicant has not effectively challenged that evidence.…

…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…

…That no evidence has been adduced to support the defendant’s defence that the plaintiff respondent was negligent, the defendant has not done anything to counter the plaintiffs evidence and found the plaintiffs case proved…

…I have re-evaluated the evidence adduced before the lower court in the light of the grounds of appeal. The first complaint relates to the issue of Limitation of Actions Act.…

…Dr Cotran includes one that was not touched upon in the evidence.…

…So some of the conditions are in the evidence and some in the book and some in both.…

…The evidence from the Ministry of Labour, Mombasa: It was given by Mr Francis Gitau who is incharge of workmen’s compensation.…

…My conclusions on this issue: I am satisfied on the basis of the evidence that the plaintiff must have been engineered and coached to give the evidence intended to exculpate the 1st defendant.…

…He relied on his own oral evidence in court, the evidence in the civil proceedings in Kitale Resident Magistrate’s Court in Criminal Case No 3175 of 1979 in which he was prosecuted for an offence under section 313 of the…

…Later the defendant was summoned to give evidence at the trial of the plaintiff at Kitale and he did so together with his wife.…

…To the Court his evidence was that he was a livestock trader which entailed buying cattle from markets in his home district and taking them for sale in Nairobi.…

…It is in evidence herein that on the material date he was taking 7 head of cattle for sale in Dagoretti in Nairobi.…

…Coupled with that there is the evidence of DW 1 to the effect that the plaintiff was seen by him leaving his farm on the material day and shortly before his arrest. That evidence stands uncontroverted.…

…That evidence is at great variance with what is contained in the P3 form. There are peculiar aspects about Dr Rouhani’s medical evidence.…

…Plaintiff gave evidence generally relating to personal lifeof the deceased and the damages he was claiming.…

…The defendant is the owner of the vehicle and it is he who has been sued.His driver gave evidence but he has not been made a party.…

…The thrust of his evidence is that he had parted with ownership thereof to the second defendant hence he cannot be held responsible. Mr Ohore is not illiterate. He could read English.…

…When related to the plaintiff’s evidence the following facts are confirmed. The stationary motor vehicle Reg No KDP 744 was left on the road unattended without lights.…

…Given the fact that sometimes different people may bear the same or similar names or names with very small or insignificant differences, one requires positive evidence to show that the two of the six respondents in the former…

…In his judgment delivered on September 10, 1985, Mr Justice Joseph Butler – Sloss, went through the evidence and found that as at the time of filing the originating summons in 1979, the applicant had not been in possession…