Search court decisions

…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.…

…The defendant did not offer any evidence. The only direct evidence on how the accident happened was given by James Odero Jowi who told the Judge – “I knew Joseph Nzioka Mwana. He was a driver of a fork lift.…

…She accepted this evidence and held the defendant liable. In the assessment of damages the learned Judge rejected the evidence of income of the deceased and the plaintiff’s claim that she had 5 children.…

…There was evidence that at the time the deceased is alleged to have dictated the Will he was quite ill and could not walk without support.…

…He did not call evidence to exclude the possibility of him having unduly influenced the deceased to will his property to him."…

…(c) Costs of this suit together with interest thereon at court rates;” However, the evidence led on behalf of the respondent at the ensuing trial, was to explain the somewhat confused claim contained in the amended plaint…

…The evidence given by the appellant at the trial followed these lines. We think that at this stage, we can again express our view on another important issue.…

…It was his evidence that the allegation of fraud lacked supporting evidence; while the allegations of violation of banking regulations and practice with regard to the accounts he opened lacked substance.…

…There is no evidence before me as to the position with regard to the remaining terms.…

…However, when trial opened before the High Court, the appellants admitted negligence and the learned judge was not troubled with any evidence or argument on that issue.…

…After listening to and weighing the evidence presented to him, the judge, in a full and well reasoned judgment, awarded damages to the respondents under the two Acts.…

…We will call oral evidence to support the defence and counter-claim.”…

…Be that as it may, there is no evidence on record that any resolution was passed even going by the account given by the appellants.…