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…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…Section 67 of the Evidence Act provides as follows:- “Documents must be proved by primary evidence except in the cases hereinafter mentioned.”…

…Therefore primary evidence is the best evidence to be relied and produced by a party before the Court. However, there are exceptions to the best evidence rule.…

…The Applicant seeks the following: i) Leave of this Court to adduce additional evidence on appeal.…

…Second, the 1st Respondent contends that the Appellant had prior knowledge of the evidence. Third, the 1st Respondent argues that the evidence the Appellant intends to adduce is irrelevant and lacks probative value.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…to patch up his weak points or fill in gaps in evidence. 15.…

…the defendant is yet to adduce his evidence and can be allowed liberty to also expand his witnesses or documents to counter whatever new evidence the plaintiff may present.…

…The Defendant did not file any defense, nor did they call any evidence. The Plaintiff’s evidence, therefore, remains uncontroverted.…

…Thus, the only evidence on record is the evidence tendered by the Respondent and his witnesses. In Interchemie E. A.…

…allows for the admissibility of a statement in a document as evidence of a fact if the maker is incapable of giving evidence, and the original document is produced or secondary evidence is admissible. e) THAT the condition…

…Counsel cites Blacks Law Dictionary 11th Edition 2019 on the definition of documentary evidence thus;- ‘Documentary evidence.…

…Or is the additional evidence new or merely to corroborate and clarify the earlier testimony.”…

…Learned Author in the Canadian Encyclopedic Digest Evidence IV. 12 (a) which summarizes the approach the Court should adopt in assessing a party’s conduct as a relevant factor thus; “where a party wishes to adduce evidence…

…Or is the additional evidence new or merely to corroborate and clarify the earlier testimony.”…

…Learned Author in the Canadian Encyclopedic Digest Evidence IV. 12 (a) which summarizes the approach the Court should adopt in assessing a party’s conduct as a relevant factor thus; “where a party wishes to adduce evidence…

…Section 106 A of the Evidence Act is section 106 of the Evidence Act provides that electronic records may be proved in court in accordance with the provisions of section 106 b of the same Act.  …

…of any contents of the original or of any fact stated therein where direct evidence would be admissible”.…

…Under Sections 107 – 109 of the Evidence Act the burden is on whatsoever alleges in this case the Plaintiff has proved the cost Kshs. 145,042,485. The evidence is uncontroverted.…

…Burden of Proof is used to mean an obligation to adduce evidence of a fact. According to Phipson on the Law of Evidence, the term ‘burden of proof’ has two distinct meanings: 1.…

…Under Sections 107 – 109 of the Evidence Act the burden is on whatsoever alleges in this case the Plaintiff has proved the cost Kshs. 145,042,485. The evidence is uncontroverted.…

…Burden of Proof is used to mean an obligation to adduce evidence of a fact. According to Phipson on the Law of Evidence, the term ‘burden of proof’ has two distinct meanings: 1.…

…Or is the additional evidence new or merely to corroborate and clarify the earlier testimony.”…

…Learned Author in the Canadian Encyclopedic Digest Evidence IV. 12 (a) which summarizes the approach the Court should adopt in assessing a party’s conduct as a relevant factor thus; “where a party wishes to adduce evidence…

…within Kenya; authorizes the Deputy Registrar, or another judicial officer designated by the Court, to administer the oath and supervise the taking of the evidence by remote electronic means; and directs that any evidence…

…hearing or evidence-taking session. d.…

…Section 107 and 108 of the Evidence Act are clear that he who asserts or pleads must support the same by way of evidence”. 13.…

…Further, if there is no rebuttal of evidence by a party, that evidence remains uncontroverted. …

…There was no evidence led on behalf of the Defendant. PLAINTIFF’S CASE/ EVIDENCE 4.…

…pleads must support the same by way of evidence”. 25.…

…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.…

…In discharging that burden, the only evidence to be adduced is evidence of existence or non-existence of the facts in issue or facts relevant to the issue.…

…Before a review is allowed on the discovery of new evidence, it must be established that the Applicant had acted with due diligence and that the existence of the evidence was not within his knowledge; where review was sought…

…for on the ground of discovery of new evidence but it was found that the Petitioner had not acted with due diligence, it is not open to the Court to admit evidence on the ground of sufficient cause.…

…Finality of Evidence: The 2nd Plaintiff maintains that Dr. James N. Mwangi and Mrs.…

…The starting point is the law governing admission of additional evidence.…