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…It must be remembered that it is made in the absence of the accused and is not subjected to cross-examination.…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…In the cross examination of the respondent, it was suggested to her that she owned plot No 133R Ongata Rongai and not plot No 133B Ongata Rongai.…

…In the course of cross examination of the second appellant, she said that she did not know where plot No 133 B and or 133 R was nor who occupied them, thus conceding that plot No 133 B could belong to the respondent and could…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…The evidence of the ballistics expert as to his conclusions does not appear to have been seriously challenged in cross-examination.…

…As a recorded police statement, not made on oath, not subject to the test of cross examination, exhibit 122 could not take the place of sworn testimony.…

…He further added that PW5 in his evidence had said during cross examination that he (PW5) almost fought with the third accused when he threatened to take the complainant’s cattle by force and further that it was second accused…

…The excuse he gave during cross-examination at the trial was that the police did not ask him if he could recognise anybody. He also confesses that he could not see the faces of the attackers.…

…In his summing up the learned judge told them that the appellant made an unsworn statement which could not be tested by cross examination.…

…In his summing up the learned judge told them that the appellant made an unsworn statement which could not be tested by cross examination.…

…In her cross examination she did say that she had delivered 2.9 million gunny bags to the Board, but considered in its proper context, it meant no more than this that the appellant on 6th and 7th February 1987, took Jennifer…

…(c) “the plaintiff, (ie the first respondent) its costs in respect of cross-examination and re-examination of Mr James Fredrick Norbury ..........................”…

…(c) “the plaintiff, (ie the first respondent) its costs in respect of cross-examination and re-examination of Mr James Fredrick Norbury ..........................”…

…The point was stressed that while witnesses as to the local custom could have their evidence tested by cross-examination and the defence would also have the opportunity of calling evidence to controvert their opinion the…

…opinions given by assessors would, in the normal course, be given at the end of the case when the parties would have no opportunity to test their opinions by cross-examination, or be able to call evidence to contradict these…

…The learned judge said that none of the details regarding the alleged contacts between Mary Njoki and the deceased’s family were ever put to the respondents under cross-examination.…

…that are in dispute between them, the evidence available to the Court at the hearing of the application for an interlocutory injunction is given on affidavit and is therefore incomplete as it has not been tested by oral cross-examination…