Search court decisions

…Given the fact that sometimes different people may bear the same or similar names or names with very small or insignificant differences, one requires positive evidence to show that the two of the six respondents in the former…

…In his judgment delivered on September 10, 1985, Mr Justice Joseph Butler – Sloss, went through the evidence and found that as at the time of filing the originating summons in 1979, the applicant had not been in possession…

…The defendant in his evidence admitted that the plaintiff is the son of his deceased brother, Nkambi.…

…The defendant has a younger brother, Mbae Nkambi but from the evidence adduced, it is not certain whether he was born before his father’s death or after his father had died.…

…His case was closed after his evidence was recorded and the learned magistrate reserved her judgment which was delivered on the 29th of April, 1991.…

…This is well supported by documentary evidence which were annexed to his supporting affidavit dated 13th of June, 1991.…

…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…

…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…

…The learned Chief Magistrate found on the evidence before him that the appellant, had paid Shs 150,000/= to the 1st respondent and there was a balance of Shs 20,000/=.…

…The registration of 1st respondent (in the log book) was only prima facie evidence of the ownership of the car.…

…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.…