Search court decisions

…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.…

…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.…

…(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.…

…The learned Magistrate did not accept the evidence of the appellant that the respondent was her causal worker. She thought this evidence was untrue.…

…Given the evidence the Magistrate heard and the statement the appellant made at Kasarani police station and which was admitted as evidence in the case, she was entitled to hold this view.…

…Having considered both the evidence of the plaintiff and the D.W. 1, I think, between the two, that of DW 1 is more credible.…

…As regards the defendant’s counter-claim, no evidence was led to show that the plaintiff was responsible for the breakage.…

…The 2nd defendant’s evidence as to the most likely point of impact is supported by the evidence of his employer (DW 1) who had happened to pass on that road after the accident and was at the scene while the police were still…

…And I see no reason why I should not accept the evidence of the 2nd defendant. I would also observe that the police were at the scene. They could haveprovided valuable evidence at least as to the point of impact.…

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

…The prosecution case was dependent on the evidence of PW1.…

…Hezekiah Okanja, the plaintiff’s father gave evidence, and Pamela Onyango, whom I have already mentioned, was recalled to give further evidence.…

…Athanasio Otondi Duolo gave evidence which fully corroborated the evidence given by the plaintiff and Zephaniah Odera Okanja.…

…I recorded evidence from four witnesses, on behalf of the plaintiff.…

…This evidence has not been challenged in anyway.…

…There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-.…

…The Plaintiff in her evidence said that the agreed fees between her and the Advocate was Shs.40,000. She had to borrow more money from her Co-operative Society to finalise the purchase.…

…There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-.…

…The Plaintiff in her evidence said that the agreed fees between her and the Advocate was Shs.40,000. She had to borrow more money from her Co-operative Society to finalise the purchase.…

…Evidence on that sub-division is not convincing. It is denied by both Defendants and there is no evidence of it on the relevant land register as should have been the case.…

…There is evidence of her occasional desertion of her husband making it difficult to find a cont8inuous period of more than 12 years. There is no evidence of adverse entry.…

…It also is regarded to have admitted it unlawfully detained the motor vehicle for the whole period it remained in its custody, which according to the evidence was 231/2 days.…

…However no evidence was adduced as to what other companies charged. I have considered this matter carefully. Clearly, the plaintiff was denied the use of her car.…

…But that is no evidence either that he is the one who stole them alone or with anyone else.…

…There is simply no evidence at all to support such a claim as a claim to special damages.…

…In brief the evidence on behalf of the plaintiff is this.…

…They were unshaken and maintained their evidence.…

…I have considered the evidence both of the plaintiff and that of the defendant and came to above finding. 1st to consider the plaintiff’s own evidence in that she married Kungu she then moved onto the suit premises in 1963…

…When it was revealed in evidence that she was not teaching at St Paul in the sixties but seventies, she became tongue-tied.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…The applicant gave evidence as to how he came to sustain the injuries that he now seeks to be compensated for.…

…He had no evidence of head injury. The systematic examination never revealed any other significant injury.”…

…The evidence adduced in the formal proof proceedings was solely that of the plaintiff. She simply said – “while we were traveling, I heard something like a bomb. I do not know what happened.…

…No evidence was adduced on these 2 aspects of the particulars of negligence alleged in the plaint.…