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…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.…

…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.…

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

…There is no evidence that Hon. Temu was a Registrar, District or Deputy Registrar within the meaning of paragraph 10 of the Advocates Remuneration Order.…

…Firstly, there is prima facie evidence that suit plots are public land. I say that they are public land because of the involvement of the 1st Respondent in the contested exercise.…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…The Titles presented by the Petitioner were fake and forged, with no evidence as to how the Petitioner acquired them.…

…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 proposed Interested Party, however, chose to present its application as an association and there should have been evidence that the persons listed as officials are the duly appointed or elected and registered officers…

…(c) That the Petitioner has failed to give cogent evidence in support of his application for review and or setting aside orders made on 2nd July, 2015.…

…Regarding the confinement of the petitioner at a prison facility, the respondent contended that the section 43(2)(b) of the KCIA provides an alternative to a holding facility and further that there was no evidence tendered…