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…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…

…proceedings of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped…

…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…

…In proving such African customary law opinion evidence is admissible under s. 51 of the Evidence Act, 1963, and in accordance with s.60 (2) of that Act, it may also be proved by the production of a book or document." 30.…

…Section 107 of the Evidence Act Cap 80, Law of Kenya provides as follows: “Burden of Proof “107 (1) Whoever desires any court to give judgment as to any legal or liability dependent on the existence of facts which he asserts…