Search court decisions

…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.…

…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.…

…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.…

…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.…

…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.…

…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 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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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.…

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