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…The Respondent conceded in his evidence that since his marriage to the Petitioner, he has never heard sexual intercourse with the Petitioner.…

…She told the Court in her evidence that the Respondent had moved on with his life and that he was married to another woman.…

…Secondly under sections 176 and 177 of the Evidence Act, the statements of the company’s account with the Petitioner (which is a bank within the meaning of section 3(1) of the Evidence Act) annexed to the affidavit of Kimani…

…Muthiora are prima facie evidence of the matters therein recorded.…

…, affidavit evidence and submissions.…

…At the hearing of this application the objector presented his oral evidence and concluded. The matter was adjourned for the petitioners to record their oral evidence.…

…(xxxiii) THAT the Respondent herein relied on hearsay evidence which he was unable to substantiate during the hearing of the Petition and should now not be allowed to re-open his case by fishing for fresh evidence which was…

…and lay a basis in the Petition and the Affidavit evidence filed in support of the Petition.…

…Directions had been previously obtained that the hearing would be by way of viva voce evidence. The two parties were heard in evidence. Both adduced further evidence from one witness each.…

…Sarah had maintained in her evidence that Margarets children attended Meshack’s funeral like any other people.…

…As regards the item “bad debts” I agree with Mr Nowrojee that there being no evidence led on this point the court cannot at this stage be asked to treat them as bad debts.…

…I once again agree with Mr Nowrojee that there is no evidence before court on the manner in which the 2 rooms in question are being used.…

…(xxxiii) THAT the Respondent herein relied on hearsay evidence which he was unable to substantiate during the hearing of the Petition and should now not be allowed to re-open his case by fishing for fresh evidence which was…

…and lay a basis in the Petition and the Affidavit evidence filed in support of the Petition.…

…The learned Resident Magistrate after finding in evidence that the Appellant was like a mother inlaw or aunt in-law to the deceased and hence in reality like a parent, he nevertheless found that a cousin to the deceased who…

…The learned Resident Magistrate made an erroneous finding of fact in concluding that the fencing of the suit land by the deceased with assistance by the respondent was evidence that the land had been gifted to the respondent…

…(b) There was no evidence that the employee was aware of any prohibition to drive as alleged; (c) The employee was not called to give evidence, the onus of proof in such cases being always on the employer; (2) The learned…

…Evidence de bene esse was given by Adriani, the manager of the Horticultural section of the Kakuzi Ltd, the respondent.…

…The minutes of this meeting were attached as evidence. 7.…

…However, no evidence was adduced to prove that a notice had been given prior to the meeting of the 29th of September 2020. 11.…

…In it he deposed that he was aggrieved by the fact that the court martial had not properly evaluated the evidence on record before preferring the conviction.…

…He submitted that there were gaps left by the evidence on record which meant that his appeal had high chances of success.…

…The application is based on the fact that no evidence was led in support of the petition as required by law, the hearing of the petition was not advertised as required by law.…

…In certain circumstances verifying affidavit may provide evidence upon which a winding up may be granted.…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…Section3(2) of our Evidence Act provides: “ 3(2).…

…to be taken and the procedure for litigation of constitutional applications by way of Petition supported by affidavits does not permit the use of viva voce evidence, and that therefore the Petition ought to have used the…

…The Chief Justice would give the court power to order that the Petition be heard by viva voce evidence so that the Petition may properly proceed as drawn. (3) Properly understood, Article 159 of the Constitution does not…

…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.…

…Magolo referred to the evidence of PW1 who stated in his evidence that the offence occurred at Malaba and that the applicants switched off their phones thereafter.…

…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…

…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…

…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…

…The debtor struck me as an honest and straightforward witness and as there is no other evidence contradicting of what he swore, I am prepared to accept and do accept his testimony as to his conduct, dealings and property.…

…In the circumstances and in the absencse of any other evidence, I am of opinion that this affairs have been sufficiently investigated within the meaning of subsection10 of Section 17, of the Bankruptcy Act.…

…In an application for review under Order 44, rule 1, which this one is, the applicant must demonstrate the discovery of a new and important matter or evidence which, after exercise of due diligence, was not within his knowledge…

…No discovery of such new and important matter or evidence is pleaded in the grounds on the face of the application or in the supporting affidavit.…