Search court decisions

…There was very little evidence to show that Agustus had that money and where he had kept it. The only real evidence against the appellant was an allegation by PC.…

…PW.2 being a police constable could not take any confession from the appellant and his evidence ought to have been ignored.…

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…He had heard the evidence of the Plaintiff and his doctor. The proceedings had proceeded ex parte and in the absence of the defendants. The Plaintiff closed his case and the suit was adjourned for Mr.…

…From the evidence before the court the plaintiff stated that he boarded the defendants lorry. Motor vehicle KWL 306 Souza Lorry, that was driven on the material day by the 2nd defendant.…

…The evidence adduced was collaborated in material aspects by the evidence of an independent witness who was found by the magistrate to be honest and the evidence could therefore not be impeached. 2.…

…Mr Gatonye did not give hearsay evidence.…

…The evidence against the appellant was overwhelming as he was identified by the purchaser and an eyewitness to the theft. 2.…

…Then there was the evidence of Francis Lihanda alias Cisco (PW 19) who bought this lorry from the appellant in Western Kenya (Kisumu and Kakamega).…

…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…

…Such evidence was given on commission and taken down by commissioner who signed the document.…

…In view of the sketchy evidence of the eyewitnesses and the sketch plan, which seemed consistent with either version, the evidence of the turnboys was of importance and the magistrate should have given opportunity for the…

…The absence of such evidence materially prejudiced the appellant. 2.…

…There was no expert evidence to show what speed was implied by the 44.50 meter skid marks. 3.…

…At the point of the accident the road is straight and the evidence is that the weather was good. Further evidence by the motor vehicle examiner suggested that the appellants’s matatu did not have any preaccident defect.…

…The principles for the successful grant of a review are well settled and the two which are pertinent to this application are that some new and important matter or evidence which could not with diligence have been discovered…

…Why this authority could not have been discovered after the exercise of due diligence even if this authority could be regarded as “new and important matter or evidence”’ is not explained.…

…Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…Where the only evidence against a defendant is evidence of identification or recognition, a trial court is enjoined to examine such evidence carefully and to be satisfied that the circumstances of identification were favourable…

…Evidence of visual identification in criminal cases can bring about miscarriage of justice and it is of vital importance that such evidence is examined carefully to minimize this danger.…

…Coupled with that there is the evidence of DW 1 to the effect that the plaintiff was seen by him leaving his farm on the material day and shortly before his arrest. That evidence stands uncontroverted.…

…That evidence is at great variance with what is contained in the P3 form. There are peculiar aspects about Dr Rouhani’s medical evidence.…

…of the evidence of the five prosecution witnesses whose evidence we have just referred to and who should be considered as accomplices but whose evidence we believe what the accused is alleged to have said in his inquiry…

…The inspector gave evidence as did the accused.…

…of that evidence so it is worthless and cannot be convicted on but Mr.…

…Cap 15 and S.124 of Evidence Act deal withChildren's evidence under our statute law.…

…Sufficiency of evidence must be looked at from the subjective view of the investigating officer. Sufficient evidence must be such that in the opinion of such police officer such evidence may result in conviction.…

…This must be considered in the light of all the evidence. There is evidence that there was a crowd outside the store after the police started arriving.…

…Sufficiency of evidence must be looked at from the subjective view of the investigating officer. Sufficient evidence must be such that in the opinion of such police officer such evidence may result in conviction.…

…This must be considered in the light of all the evidence. There is evidence that there was a crowd outside the store after the police started arriving.…

…(except the one regarding the camera and the calculator) was called to give evidence or to identify the comparatively large number of items which were found upon the appellants, that the bus inspector’s evidence of purported…

…In the absence of any other evidence, Mr Harwood quite properly could not see how all the appellants had been in joint possession of these items.…