Case law
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Division and case type: CivilCivil Appeal
…The issue of jurisdiction was decided, “on the evidence” before Golf, J.…
…It is immaterial whether the evidence is scanty or limited. Scanty or limited facts constitute the evidence before the court.…
Division and case type: CivilCivil Appeal
…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…
…For nearly eighteen (18) years hence, there is no evidence of any conjugal relationship between the deceased and the rst appellant. Indeed, since 1972 there was no evidence of such relationship.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…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."…
Division and case type: CivilCivil Appeal
…(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.…
Division and case type: CivilCivil Case
…I have considered the evidence before me. I have no doubt in my mind that the motor vehicle was carrying the potatoes in question for hire and reward.…
…The evidence is clear on this and although both the plaintiff and his driver as at the time the motor vehicle was stolen attempted to convince this Court that that was not so, I am of the firm view and so hold, that their…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…It was contended for the company that the evidence showed that the proposed second petition would clearly be an abuse of the process of the court.…
…The timing of the advertisement was not only unfortunate but evidence of malice on the part of the petitioner, coming as it did after Mr Panesar had been away from Kenya and on the very day that he returned from Japan.…
Division and case type: CivilCivil Case
…The statement is not required to contain the evidence which has come to the knowledge of the Governor and which it may be against the public interest to disclose.…
…In such a case the court has to base its decision on the evidence of the detainee assessing his credibility, knowledge and intelligence, a far from sound basis on which to make a finding of invalidity.…
Division and case type: CivilCivil Appeal
…alternative people presented as suitable “legal representatives”, one is not an appointed executor under the will, and another has been mentally ill, and although believed to have recovered we have not been furnished with evidence…