Judgment[1988] KEHC 2
Case law
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Division and case type: Constitutional and Human RightsPetition
…The ground on which the petition has been brought is that the company is unable to pa its debts (see sections 219 and 220 of the Companies Act).…
…There is evidence (oral and affidavit ) to show that as at 1st August, 1986 the company was indebted to the Petitioner, for moneys lent and advanced, in the sum of shs 946,615/70 and that on 22nd September, 1986 the necessary…
Division and case type: Milimani Commercial CourtsCivil Case
…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…
Division and case type: Milimani Commercial CourtsCriminal Case
…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…
…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…
Division and case type: Constitutional and Human RightsJudicial Review
…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…
Division and case type: Milimani Commercial CourtsCivil Case
…Whether or not she was married according to customary law to Kituu was a matter which was especially within their knowledge so under sections 107, 108 and 112 of the Evidence Act (cap 80) the burden of proving the facts which…