Case law
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Division and case type: CivilCivil Case
…That no evidence has been adduced to support the defendant’s defence that the plaintiff respondent was negligent, the defendant has not done anything to counter the plaintiffs evidence and found the plaintiffs case proved…
…I have re-evaluated the evidence adduced before the lower court in the light of the grounds of appeal. The first complaint relates to the issue of Limitation of Actions Act.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Case
…accident which was adduced in evidence by consent.…
…Such evidence does not tend to show that before the accident the plaintiff was planning a naval career.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…However the court allowed him to putin onc, according to his recollectionthe same to be considered along other evidence (Exhibit P.7). in cross examination this witness said that the bus had tended to go to the left of the…
…Again this is not tomake a short job of the plaintiff’s case go this point, but there was no evidence produced aboutthe plaintiff's income per month as a driver.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…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.…