Search court decisions

…The contradiction in the evidence of Mutunga and assistant chief is more than obvious.…

…The evidence of Mutunga that he took the roll of bhang tied in a cigarette packet to the assistant chief cannot be believed if the evidence of the assistant chief is accepted.…

…In this case the categorical evidence of recognition of the appellants both of whom heard her evidence and had opportunity to refute those statements.…

…The complaints in grounds 2 and 4 of the appeal are that the alibi evidence of both appellants were summarily dismissed without due consideration and that the judgment was against the weight of the evidence.…

…He said besides lack of evidence that it is the appellant who laced the tea in the thermos flask with poison, there was no evidence to corroborate that of the two minors.…

…read the record of appeal and re-evaluated the evidence on record.…

…The evidence of PW 2 is not as specifically supported by other evidence as that of PW 1 and I warn myself of the danger of accepting his evidence.…

…In this case I am satisfied that the evidence of PW 2 is acceptable considered in relation to the evidence of PW 1, PW 6, PW 7 and the doctor, and may be acted upon.…

…There was no other evidence of any other kind whatever against the appellant.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The issue of law of this second appeal is whether there was evidence to prove the several charges. 2.…

…The point was made that there is evidence of false documentation. 8. Evidence was given by Kimani (PW1) that on 21st December, 1987 he allowed vehicle registration mark KWR 463 to enter the silos at Nakuru.…

…From the evidence of the complainant Patel (PW1) the appellant did not stop at the T-junction as he joined Kilunhga street. It would appear that the appellant was coming from the left-hand side junction.…

…The appellant in his evidence testified that he was on his correct side of the road when the complainant came driving on his wrong side of the road and hit him.We have now examined the evidence on record and it is clear that…

…That is the evidence relating to the offence of demanding with menaces.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…That is the evidence relating to the offence of demanding with menaces.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…The learned magistrate considered all the evidence and accepted the evidence of the police officers with regard to finding of rounds of ammunitions in the coat at the house of the appellant.…

…It was not necessary to call the suspects for robbery who pointed out the house of the appellant unless the circumstances so required such evidence.…

…There is no evidence by the complainant to prove that the same belonged to him.…

…in order for it to be proved and failure to bring medical evidence is not fatal to the case and the sentence was well merited.…

…In his view, there was not enough evidence to show that the appellant was one of the robbers.…

…The Senior Resident Magistrate dealt with the evidence of Jamlick and Caroline as well as the defence as follows: “I have considered the defence evidence and any relevant material particulars.…

…accident which was adduced in evidence by consent.…

…Such evidence does not tend to show that before the accident the plaintiff was planning a naval career.…

…The grounds of appeal are mainly that the evidence upon which he was convicted was insufficient and that his confession was retracted and uncorroborated.…

…Mr Nyaga for the state did not support the conviction and on by own assessment of the evidence I am in agreement with both counsels that the conviction was unsafe.…

…The trial magistrate accepted the evidence of the record kept by the technician as well as evidence of the butchers but the appellant had not been issuing receipts any of them.…

…I have carefully gone through all the evidence adduced before the trial court.…

…I have considered the grounds of appeal filed by both appellants and the record of the evidence.…

…The complainant did not identify the 1st appellant and the only evidence of the identification of the 1st appellant was that of PW 2 who was an accomplice and also a minor so that his evidence needed corroboration in law…

…The petition contained points like the Learned Trial Magistrate did not record all the evidence tendered (this did not come out clearly in Mr.…

…The evidence shows that only P.W.2 saw him cutting down the crops. The others P.W.3 and 4 did not.…

…The elders considered the evidence on behalf of the plaintiffs, that the land was registered in the appellant’s name, although it belonged to his father, and that none of the parties was said to have bought the land.…

…The record shows that the elders heard and considered the defendant’s (appellant’s) evidence that he had purchased the land.…

…The point of law raised in this appeal is whether under section 131(1) of the Criminal Procedure Code proof to the satisfaction of a court by which a recognizance has been taken requires evidence on oath as in section 130…

…A statement made by an agent to a party to a proceeding in terms of section 18(1) of the Evidence Act (cap 80) would be an admission, to the satisfaction of a court.…