Search court decisions

…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…

…Secondly, the Plaintiff did not understand why the learned Judge failed to consider its case against the Second Defendant, and ignored the evidence and contentions of fraud on the part of the Second Defendant.…

…It is a fact in issue, or explains the Plaintiff’s possession, as an exception to Sec 46 of the Evidence Act (Cap 80).…

…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.…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…

…Firstly, there is prima facie evidence that suit plots are public land. I say that they are public land because of the involvement of the 1st Respondent in the contested exercise.…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…

…These two issues form the main body of the present suit most of the allegations against the 1st and the 2nd defendant call for oral evidence.…

…He hoped that the trial judge would listen to him, re-hear the case and give the appellant his own judgment upon the evidence.…

…Whilst I am not too certain whether the plaintiff has shown that they have a prima facie case with a probability of success, I am far more uncertain whether on the affidavit evidence the plaintiffs will suffer injury which…

…The appellant company commenced business on this capital, and its chairman and director, Mr Shah, explained in evidence, that in 1979 there was no overdraft; its account reflected a credit balance.…

…It seems to me that while the proceedings in the High Court, in calling evidence were suspicious, in view of the fact that section 86(2) of the Income Tax Act provides that the appeal to the High Court shall be on matters…

…You look at the laws of Kenya and you find no discrimination against children’s evidence on mere grounds of the children being young.…

…Subject to the rules of corroboration in certain circumstances, and corroboration may also apply to the evidence of certain adults, there is no difference in evaluating the evidence of the old and of the young.…

…The superior court’s findings ………… The learned superior court Judge analysed, and we must say admirably so, the documentary evidence placed before him, together with the submissions of counsel.…

…The learned trial Judge erred in law and in fact in holding that the consignment of sugar arrived “hopelessly out of time” and “reasons for delay were unknown” when no such evidence was presented before him. 5.…

…There is no new and important matter or evidence which was not within the knowledge of Mr Mwakiwiwi or Messrs Arum and Company Advocates which has been presented to me to have warranted me to review the consent judgement.…

…Neither party shall be limited in proceedings to evidence or arguments put before Acres nor shall Acre’s decision disqualify him from being called as a witness and giving evidence before the arbitrator(s) on any matter relevant…

…The applicant adduced no evidence of the agreement in writing for this purchase and/or that he obtained the requisite Land Control Board consent for this transaction.…

…There was also a record of their agreement dated April 17 1980, witnessed by Mr Samuel Wang’ondu who gave evidence on behalf of the respondent.…