Search court decisions

…He had heard the evidence of the Plaintiff and his doctor. The proceedings had proceeded ex parte and in the absence of the defendants. The Plaintiff closed his case and the suit was adjourned for Mr.…

…From the evidence before the court the plaintiff stated that he boarded the defendants lorry. Motor vehicle KWL 306 Souza Lorry, that was driven on the material day by the 2nd defendant.…

…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.…

…When the learned judge reached the evidence of Mr. Njugi he said: “I must confess the evidence of Mr.…

…It was evidence which corroborated Mary Njoki’s evidence, in particular it established her connection with the deceased.…

…The principles for the successful grant of a review are well settled and the two which are pertinent to this application are that some new and important matter or evidence which could not with diligence have been discovered…

…Why this authority could not have been discovered after the exercise of due diligence even if this authority could be regarded as “new and important matter or evidence”’ is not explained.…

…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.…

…I recorded evidence from four witnesses, on behalf of the plaintiff.…

…This evidence has not been challenged in anyway.…

…Hezekiah Okanja, the plaintiff’s father gave evidence, and Pamela Onyango, whom I have already mentioned, was recalled to give further evidence.…

…Athanasio Otondi Duolo gave evidence which fully corroborated the evidence given by the plaintiff and Zephaniah Odera Okanja.…

…The applicant gave evidence as to how he came to sustain the injuries that he now seeks to be compensated for.…

…He had no evidence of head injury. The systematic examination never revealed any other significant injury.”…

…Counsel noted that the respondent did not adduce any evidence relating to the policy. Counsel maintained that the appellant called evidence to confirm its position that the policy did not cover passengers. 8.…

…I have carefully reconsidered and evaluated the evidence which was adduced before the trial magistrate. The evidence was clear that the respondent was injured in an accident whilst traveling in the subject vehicle.…

…Evidence is on record as to what happened from the various witnesses including the report of Leornard Oloo, the Production Manager. This evidence brings out the sort of person Lawi was, generally.…

…Joshua’s evidence too was that Lawi was a bad tempered man.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…(3) What was the value of the respondent’s baggage and its contents on the recorded evidence? (4) Was there any basis for the trial courts’ award of general damages?…

…The learned trial judge carefully analysed and evaluated the evidence adduced before him by both parties, and made findings on it as required by law.…

…The evidence shows that at some time after the death of her son, the appellant decided that it was no longer desirable for the respondent to retain her right to stay on the land.…

…Nor was any evidence adduced to show that by reason of Gatui’s death his wife and children had lost their right to occupation over the parcel of land No Kiambu/Kanunga/661.…

…Four of the remaining holdings were to the effect that the words uttered were not statements of truth or were not supported by evidence.…

…The learned judge had accepted the above evidence and found that during the period that the appellant was the chairman money had gone missing.…

…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.…

…From the evidence it is clear that the defendant’s step-mother shared with him whatever the plaintiff’s father had given her.…

…Moreover, there is evidence on record, which I accept, that the defendant was not totally unprovided for.…

…He relied on his own oral evidence in court, the evidence in the civil proceedings in Kitale Resident Magistrate’s Court in Criminal Case No 3175 of 1979 in which he was prosecuted for an offence under section 313 of the…

…Later the defendant was summoned to give evidence at the trial of the plaintiff at Kitale and he did so together with his wife.…

…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.…

…The learned judge had before him in addition to the oral evidence that was adduced, documentary evidence which he accepted and which clearly showed more than on a balance of probabilities, that not only was plot No 133R Ongata…

…There was in our view, no need for the learned judge to hear the evidence of Orumoy particularly on a matter which was not controverted.…