Search court decisions

…Secondly under sections 176 and 177 of the Evidence Act, the statements of the company’s account with the Petitioner (which is a bank within the meaning of section 3(1) of the Evidence Act) annexed to the affidavit of Kimani…

…Muthiora are prima facie evidence of the matters therein recorded.…

…In it he deposed that he was aggrieved by the fact that the court martial had not properly evaluated the evidence on record before preferring the conviction.…

…He submitted that there were gaps left by the evidence on record which meant that his appeal had high chances of success.…

…The application is based on the fact that no evidence was led in support of the petition as required by law, the hearing of the petition was not advertised as required by law.…

…In certain circumstances verifying affidavit may provide evidence upon which a winding up may be granted.…

…The Respondent conceded in his evidence that since his marriage to the Petitioner, he has never heard sexual intercourse with the Petitioner.…

…She told the Court in her evidence that the Respondent had moved on with his life and that he was married to another woman.…

…Magolo referred to the evidence of PW1 who stated in his evidence that the offence occurred at Malaba and that the applicants switched off their phones thereafter.…

…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…

…Directions had been previously obtained that the hearing would be by way of viva voce evidence. The two parties were heard in evidence. Both adduced further evidence from one witness each.…

…Sarah had maintained in her evidence that Margarets children attended Meshack’s funeral like any other people.…

…As regards the item “bad debts” I agree with Mr Nowrojee that there being no evidence led on this point the court cannot at this stage be asked to treat them as bad debts.…

…I once again agree with Mr Nowrojee that there is no evidence before court on the manner in which the 2 rooms in question are being used.…

…The debtor struck me as an honest and straightforward witness and as there is no other evidence contradicting of what he swore, I am prepared to accept and do accept his testimony as to his conduct, dealings and property.…

…In the circumstances and in the absencse of any other evidence, I am of opinion that this affairs have been sufficiently investigated within the meaning of subsection10 of Section 17, of the Bankruptcy Act.…

…such evidence was not rebutted unless eectively displaced in cross examination.…

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

…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…

…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…

…She states in her evidence that respondent’s conduct has caused her a lot of damage and after the visit to the DC’s office they just returned to Angels Bay and did not get intimate – hence there was no consummation.…

…I recognize that parties are bound by their pleadings and I am unable to reconcile how in her evidence petitioner claims to have been tricked into marriage and she didn’t even release they had had a wedding, yet in her pleadings…

…On the affidavit evidence, I am satisfied that the Applicant has made out a prima case that the affairs of the Company are being conducted in a manner oppressive to him.…

…There can be destruction of evidence. I agree with him that it might become difficult to have a fair hearing of the application in the event.…

…The petitioner gave evidence based on his petition to the effect that in the beginning the marriage was okay but from 1982 it deteriorated due to his wife’s excessive drinking and neglecting the home resulting into quarrels…

…The respondent gave her evidence basing it on her answer to petition. She confirmed the number of issues between them. The places of cohabitation and place of marriage.…

…It is for the Court, to which application is made, to decide, on all the evidence then before it, whether such real danger existed at the time when the impugned decision was taken.…

…There is no evidence or even suggestion that he discussed any of the cases then pending before me, which he certainly did not. (7) There is no actual evidence that there are real grounds for doubting my ability to ignore…

…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…

…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…

…applicant's identity and as to the ownership of the land of which the application relates and to require any person to produce any document it may think fit for a person to appear before it or produce a document or other evidence…

…To hear the application means to recieve the evidence of the applicant, in support thereof and evidence from any other interested or affected party, and then either to give its consent or to reject it*' In the instant case…

…He also stated that there was no evidence that the estate was being wasted. Ms.…

…Ndagani 716 - was distributed and the 6th respondent produced evidence to show that he purchased 2 acres out of the parcel. 3. Mwajati Manani 4749 does not appear in the list of properties distributed.…

…To the respondent and the interested party, the material before the respondent in respect of the application by the interested party to be registered as a Trade Union constituted sufficient evidence for the respondent to…

…Wade in his book on Administrative Law, 5th Edition, at pages 481 and 482: "............natural justice often requires the disclosure of reports and evidence in the possession of the deciding authority.…

…Nor has he attached any other evidence to show that the appeal had been filed and it is still pending.…