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.…

…It was the defendant's evidence that the seizure of thisvehicle by Triple One Auctioneers was wrongful and that thesale at shs. 950,000/= was undervalue.…

…Looking at the evidence on record we find that the areaof dispute is rather narrow.…

…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."…

…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.…

…The evidence with regard to notice is that on september 8, 1986, the respondent notified the appellant in writing that if, the appellant, had neglected to pay the outstanding amount of shs.5,218,062.70.…

…was the case here, could not exercise the power of sale unless the appellant failed to comply within three months of the date of September, 8, 1986, with a ”further notice• served on him under sub-section (2) There is no evidence…

…There was no evidence before the Court to that eect and there were no evidence to show that the appellant was a party to the signing of Matiba’s nomination papers or even knew anything about them.…

…If there was such evidence it could have been used against the second respondent but certainly could not be used against the appellant. 43.…