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…There is also uncontroverted evidence that the suit premises were purchased from one Nderi Gatimu.…

…He did not tender any evidence in that regard other than his word of mouth. The 1st defendant has questioned the credibility of the evidence given by PW1 and PW2.…

…The elders considered the evidence on behalf of the plaintiffs, that the land was registered in the appellant’s name, although it belonged to his father, and that none of the parties was said to have bought the land.…

…The record shows that the elders heard and considered the defendant’s (appellant’s) evidence that he had purchased the land.…

…irregularities of the arbitration and requested the arbitration to be conducted by another District Officer.Mr Chadialy for the respondent argued that review could only be based on discovery of new and important matters of evidence…

…award could have also been set aside under rule 15(1) (b) as the arbitrator misconducted themselves by allowing the proceedings to commence and in the end made an award that affected parties who were not before them to give evidence…

…This land, from the evidence before the court belonged to the older brother of PW1, PW1 and the defendant.…

…The court finds that the defendant was very co-operative and clear in his evidence.…

…The evidence of the three witnesses for Gathigia were not taken into account, none of the elders had reached the decision which the Chief recorded and some of them went and reported this to the District Officer, Mathira.…

…There seems to have been no affidavit or evidence in any other form in reply to all this. When this summons came before the judge Mr Ngubuini appeared for Gathigia and Mr Ole Kaparo for Ruchathi.…

…It seems to me it might be possible for the two sides to agree a bundle of documents and to submit such bundle to you and to me without the necessity of giving evidence which will save considerable expense in this matter”…

…But does the evidence in this matter also show that the appellant has acted in any way that would justify a Court setting aside an agreement, with respect to the consent order of stay of proceedings? We would say no.…

…There was also a record of their agreement dated April 17 1980, witnessed by Mr Samuel Wang’ondu who gave evidence on behalf of the respondent.…

…In assessing damages for pain suffering and loss of amenities the learned judge misapprehended the evidence in the crucial aspects of the sequelae of injuries and gave too much weight to Dr..…

…Then it was that Mr Justice Cockar at Nyeri recorded evidence from Mwotia who added little to the details of his counterclaim save that the government gave him permission in 1960 to build on his portion and on January 17,…