Search court decisions

…Contradiction in the evidence of the 2nd respondent, which Simpson, CJ, had also noted, were on a very material issue.…

…With no evidence relating to her interest on record there was no foundation to form a basis for any appeal by her.…

…The learned judge had before him in addition to the oral evidence that was adduced, documentary evidence which he accepted and which clearly showed more than on a balance of probabilities, that not only was plot No 133R Ongata…

…There was in our view, no need for the learned judge to hear the evidence of Orumoy particularly on a matter which was not controverted.…

…There is no evidence that such leave was sought or granted. Mr.…

…Rumba Kinuthia, for the respondent, says that he sought leave verbally before the Judge but with respect there is no evidence on record to support this claim.…

…Only the first respondent gave evidence in the superior court.…

…The following special damages were pleaded: Funeral Expenses Shs. 34000.00 Police abstract Shs. 100.00 Post Mortem report Shs. 100.00 Letters of Administration fees Shs. 15300.00 The first respondent stated in his evidence…

…For instance, no affidavit evidence has been adduced to show that the respondent has failed to take an essential step in resect of its appeal.…

…If the plaintiffs had not pleaded special damages they would not have been allowed to call any evidence in that respect.…

…court said: "In this connection it was the duty of the appellant to put before the judge through his pleadings the claim for shs.14, 151,650/70; though the appellant had an opportunity to amend his plaint before leading evidence…

…To this extent, we think Mr Gatonye is right as no evidence of professional undertaking was given by or on behalf of the mortgagee, the Housing Finance Company Ltd.…

…There was no evidence from the common advocate to show that the Sale Agreement was complied with up to the completion date.…

…We understand that this letter has since been amended to cover the remittances of the loan and interest without having to produce evidence of receipt of machinery into the Country in an approved manner.…

…It was not in dispute as evidenced by correspondence exchanged between the parties (supra) that contractual, duciary or retainer relationship existed between Mr Keith and the individual clients as their common advocate.…