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…Hearing was undertaken by way of viva voce evidence. Petitioner’s Evidence. 8.…

…on 25th January 2022 and dated July 2023 respectively, as her documentary evidence.…

…In his evidence in Cross examination, Mr.…

…The trial Judge preferred the evidence of those who saw the testator to the evidence of Dr. Ahluwalia. The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence.…

…survey was premised. b) Evidence of the New Grant Survey and its authentication. c) Evidence of the Lease Document for Lamu/Manda Island/380 in favor of the Petitioners. d) Evidence of Rent Clearance and other Lamu/Manda…

…There was no evidence of compliance with the terms of the Letter of Allotment, no evidence of a survey carried out premised on the Letter of Allotment, no evidence of an Amended Registry Index Map following the carrying out…

…Further that the evidence that purports to support the petitioner’s allegations to the act complained of are images produced contrary to Section 106B of the Evidence Act.…

…Section 106B of the Evidence Act provides for the admissibility of electronic records.  …

…Petitioners’ evidence. 14. PW1 was Nzioka Mutunga, the chairman of Kumiisya Self Help Group.…

…She adopted her witness statement dated 21st November as her evidence in chief. Her evidence was consistent with that of the petitioners.…

…The allegations of violations could be true but the court is enjoined by law to go by the evidence on record.…

…The petitioners’ allegations ought to have been supported by further tangible evidence such as medical records, witnesses…… the court is deal to speculation and imaginations and must be guided by evidence of probative value…

…The allegations of violations could be true but the court is enjoined by law to go by the evidence on record.…

…The petitioners’ allegations ought to have been supported by further tangible evidence such as medical records, witnesses…… the court is deal to speculation and imaginations and must be guided by evidence of probative value…

…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.…

…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.…

…The 1st & 2nd Respondents Evidence 14. DW1 was MOHAMED HASSAN CHIGUZO. He adopted his witness statement dated 26/10/2021 as part of his evidence in chief. Upon cross examination by Mr.…

…PW3 was the said agent and corroborated this evidence. 32.…

…On 23rd September, 2025, the 2nd cross petitioner gave evidence on his own behalf and on behalf of the 1st cross petitioner. The 1st Petitioner stated that he had no evidence to call.…

…Apart from production of a photograph of an incomplete house coming up, there was no evidence from a surveyor to confirm that the house was being put up on the suit property.…

…Prayer number 4 in the application expressly seeks that the respondents be granted leave to file necessary evidence that was not available at the time of determination of the suit.…

…Parties have to establish their case by the evidence they call at the hearing. In the case of petitions affidavit evidence is relied on save where the court orders viva voce evidence to be used.…

…as prima facie evidence of ownership of the suit property.…

…The 3rd respondent contends that having availed evidence of its registration and transfer, under the provisions of Section 26(1) of the Land Registration Act, its title deed should be taken as prima facie evidence that it…

…It was his evidence that they were claiming the land as ancestral land, which belongs to them. 4.…

…I am afraid that there is absolutely no evidence that any of the forefathers of the petitioners ever resided on the suit lands and I say this after having carefully gone through the evidence tendered by the petitioners.…

…, affidavit evidence and submissions.…

…At the hearing of this application the objector presented his oral evidence and concluded. The matter was adjourned for the petitioners to record their oral evidence.…

…That the new evidence necessitates the joinder of parties who are adversely affected by the judgment of this Honorable Court and who are not aware of the judgment.…

…The error or omission must be self evidence and should not require an elaborate argument to be established.…

…First, there is absolutely no credible evidence of the alleged allocation of public land to the 1st respondent.…

…The claimant lays on the table evidence of facts contended against the defendant. And the trial court has a duty to examine that evidence to satisfy itself that indeed the claim has been proved.…

…Final submissions are not evidence. Final submissions may be heard or even dispensed with.…

…Mwangi Stephen Muriithi & Another [2014] eKLR: “Submissions cannot take the place of evidence. The 1st respondent had failed to prove his claim by evidence. What appeared in submissions could not come to his aid.…

…However, I take issue with this averment as the purpose of an affidavit is to provide a sworn statement of evidence: an affidavit is to present evidence in court as a deposition. Pleadings do not constitute evidence.…

…Evidence constitutes oral testimony which may be supported by documentary evidence or depositions in affidavits or written witness statements adopted in evidence on oath. 31.…