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…No doubt, this pleading aimed at reliance on section 47A of the Evidence Act (cap 80); but the theft by Moses Aila is not denied as such by the second respondent.…

…The plaintiff alleged that Moses Aila an employee of the second defendant stole the plaintiff’s goods (and his conviction would be conclusive proof under section 47A of the Evidence Act (cap 80)), and that this theft occurred…

…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…

…In accordance with Section 112 of the Evidence Act, the burden was upon the appellant to establish the alleged limitation of the policy. The appellant failed in discharging this burden.…

…It relied on an number of precedents and Section 157 of the Evidence Act.…

…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…

…In proving such African customary law opinion evidence is admissible under s. 51 of the Evidence Act, 1963, and in accordance with s.60 (2) of that Act, it may also be proved by the production of a book or document." 30.…

…well as the respondent and since the appellants had not consented to his (Mr Mwaura) disclosing their instructions to him, Mr Mwaura could not, therefore, testify and the appellants called in their aid section 134 of the Evidence…

…Act.…

…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.…

…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.…

…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.…

…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 a fact in issue, or explains the Plaintiff’s possession, as an exception to Sec 46 of the Evidence Act (Cap 80).…