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…appear to misapprehend that evidence as, they suggest some doubt.…

…He then goes on to water the evidence down by the limited publication of the slander. 7.…

…That the agreement was for only Kshs.7,000/= which was demanded, that a relative is not precluded from giving evidence as in marriage ceremonies.…

…The duty of this court on appeal is to re-evaluate all the evidence on the record and decide whether the conclusions reached by the learned trial magistrate are to stand or not.…

…No evidence was adduced in this case to support the discrete advice to the defendant that the vehicle was being used as a matatu.…

…There was no independent evidence to support this discrete advice to the defence witness.…

…However, the evidence he has adduced in support of his claim falls short of the required standard to warrant the grant of the orders sought.”…

…As far as grounds No 2 & 3 summed up above are concerned, these relate to matters of evidence.…

…on the evidence should stand – see–Peters v Sunday Post [1958] EA 424.…

…There was not a shred of evidence to support this suggestion.…

…Although the appellant disputed the amount he was paid for the trees which he had planted on the acquired portion, it came out in evidence that although he was compensated for the trees, he admitted in his evidence that he…

…I also noted in the evidence that Kurban Allibhai Bannie a valuer who testified for the appellant was not registered at the time of carrying the valuation.…

…The witnesses gave concurrent evidence. At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…

…It is his stand that since the evidence is not challenged liability is established.…

…The trial magistrate after considering the evidence, gave judgment for the plaintiff.…

…In substance there is no evidence either from the written agreement itself or the oral evidence to support such conditional precedent.…

…Before dealing with the important points of law raised in this appeal, it is necessary to set out the relevant facts which are established by the pleadings and by the evidence. 2.…

…No evidence was adduced to show that any objection was made in respect of the material parcel of land. It is notoriously dicult for there to be no objection after the publication of a register if there are errors.…

…This case was filed in Court by the respondent who in her evidence said that amongst the documents enclosed in the letter to her husband was a degree certificate for her said husband which he was supposed to use in securing…

…Furthermore the consideration of expenses of renting two houses one in Nairobi and another in Bungoma was not proved in evidence.…

…But an affidavit of the process server is admissible in evidence and in the absence of contest it would normally be considered sufficient evidence of the regularity of the proceedings.…

…The affidavit of the process server appears much the stronger evidence.…

…The defendants on their part did not offer any evidence but their advocates filed written submissions.…

…In his evidence the driver who gave evidence as PW1 said that on 8th January 1998 he was transporting molasses from Sony Sugar Co.…

…There is no doubt on the evidence and it is agreed that the 2nd defendant was so served and did enter an appearance on the 30th December, 1986.…

…It is incredible that the process server could have possibly made up that story which he repeated before me in his oral evidence.…

…Beyond that stage, however, there was no evidence to show how the letter conveying the result of the appeal was sent to the prison authorities at Kodiaga in Kisumu.…

…There was therefore no evidence of how the letter was dispatched to Kodiaga Prison, if at all it was dispatched.…

…Mr Gilani’s evidence is identical on the point, and the cheque itself, payable to the defendant, is in evidence, dated March 1. True Shakeel said: “The cheque for Shs 200,000 was not handed to me.…

…So even if Mr Behan did afterwards retain the cheque it was not in my view possible to reach a nding contrary to the evidence which is plain for all to see.…

…Ayub acquired a piece of forest land and the evidence shows that he carried on farming there. Ayub’s mother who was the 1st respondent’s grandmother was also with them.…

…Sometime after this – the evidence is not precise on the date - Ayub uprooted the marked boundary. So the 1st respondent sued him in Lurambi Court.…

…On the evidence the defendant had no agent empowered to accept service. Therefore service of the summons had to be made on the defendant to the extent it was practicable. That is the ideal form of service.…

…There is no evidence at all that the Court Process Server ever tried to nd the defendant and it was therefore not open to the Process Server to conclude that the defendant could not be found.…

…I wouldn’t say that in all her evidence the respondent denied what the appellant alleged against her in the petition.…

…Professor Acuda’s evidence that he met both parties in the case would tend to establish that the appellant’s complaint was actually of a marital nature.…

…This court will not interfere with the findings of fact of the two lower courts unless it is clear that the magistrate and the judge have so misapprehended the evidence that their conclusions are based on incorrect bases:…

…The magistrate was duty bound after hearing the evidence to declare the position in law.…