Search court decisions

…Evidence is not to be pleaded.…

…The previous driver who had the car since morning is unknown and as such did not give evidence. The evidence of the plaintiff has been corroborated by the two defence witness.…

…As a first appellate Court we are entitled to re-evaluate the evidence given in the High Court.…

…The evidence is that as he was alighting from the tractor in a hurry he slopped and fell. I do not see any difference in substance therein.…

…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…

…The judge referred to the defendant’s evidence that the plaintiff stole from the defendant on September 18, 1976 and held that the evidence was not strictly admissible and added, “the court, therefore, disregards all evidence…

…His salary was not even given in evidence. In these circumstances, the learned judge made several crucial findings which are the subject of this appeal.…

…to the evidence, than judging the matter by the record itself.…

…If those pieces of evidence were taken away, Mr Prinja said, the rest of the evidence did not take the case any further.…

…In response to this evidence, the appellant made an unsworn statement.…

…There is no other evidence, direct or circumstancial, to corroborate the evidence of the complainant.…

…evidence can be safely accepted as true and free from the possibility of error.…

…We come to the issue whether there was evidence to support the handling charge, having in mind that there is a divergence of views upon the evidence held by the lower courts.…

…But it is noticeable that the alleged discrepancies in her evidence are minuscule, and understandable.…

…Grounds 1 and 5 of the appeal have expressed the appellant’s disbelief over the acceptance of the sole evidence of the complainant about the incident as against the appellant’s evidence (unsworn statement ) and his action…

…The evidence of the sole prosecution witnesses to the incident, that is the evidence of the complainant, was fully corroborated by that of the other four Tanzanians who had contributed to the sum that was brought by the complainant…

…He made no further mention of any alibi in his evidence. Halima was called to testify for the prosecution. She was declared a hostile witness.…

…John Maina however did not say in his evidence that the appellant spoke these words “toka inje”- when the robbery was committed.…

…The evidence of the search and finding of the drugs was given by three Administration Policemen (APC Edward Kiengo (P.W.1), APC Peter Kahome (P.W.2) and APC Kilei Mbogo (P.W.4).…

…There is no evidence sufficient to raise any presumption of possession against the appellants.” This is a judgment of this Court and we are bound as usual to accord it utmost respect.…

…The evidence which was adduced in the proceedings for assessment of damages was specifically for that purpose and for none other.…

…The defendant’s failure to supply a helmet after evidence of the previous incident of attack is an act of continued negligence.…

…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 parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…

…The learned trial judge found on evidence that the 1st and 2nd respondents were responsible for the very tragic accident.…

…He does not appear to have had regard to the medical opinion which was expert evidence and which quite clearly established the appellant’s condition at that time.…

…On this evidence, the trial court convicted the appellant for the offence of handling stolen property contrary to section 322 (2) of the Penal Code and sentenced him to 7 years imprisonment with hard labour…

…In the face of this kind of evidence, we cannot see what possible defence was open to the appellant.…

…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…

…deigned in the first place to hear the application which is supported by the affidavit of a self confessed conspirator to defraud innocent third partiers, is that the respondents, who, it may now be deduced from the affidavit evidence…