Search court decisions

…The application is based on the fact that no evidence was led in support of the petition as required by law, the hearing of the petition was not advertised as required by law.…

…In certain circumstances verifying affidavit may provide evidence upon which a winding up may be granted.…

…Magolo referred to the evidence of PW1 who stated in his evidence that the offence occurred at Malaba and that the applicants switched off their phones thereafter.…

…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…

…Directions had been previously obtained that the hearing would be by way of viva voce evidence. The two parties were heard in evidence. Both adduced further evidence from one witness each.…

…Sarah had maintained in her evidence that Margarets children attended Meshack’s funeral like any other people.…

…As regards the item “bad debts” I agree with Mr Nowrojee that there being no evidence led on this point the court cannot at this stage be asked to treat them as bad debts.…

…I once again agree with Mr Nowrojee that there is no evidence before court on the manner in which the 2 rooms in question are being used.…

…The debtor struck me as an honest and straightforward witness and as there is no other evidence contradicting of what he swore, I am prepared to accept and do accept his testimony as to his conduct, dealings and property.…

…In the circumstances and in the absencse of any other evidence, I am of opinion that this affairs have been sufficiently investigated within the meaning of subsection10 of Section 17, of the Bankruptcy Act.…

…On the affidavit evidence, I am satisfied that the Applicant has made out a prima case that the affairs of the Company are being conducted in a manner oppressive to him.…

…There can be destruction of evidence. I agree with him that it might become difficult to have a fair hearing of the application in the event.…

…The petitioner gave evidence based on his petition to the effect that in the beginning the marriage was okay but from 1982 it deteriorated due to his wife’s excessive drinking and neglecting the home resulting into quarrels…

…The respondent gave her evidence basing it on her answer to petition. She confirmed the number of issues between them. The places of cohabitation and place of marriage.…

…Nor has he attached any other evidence to show that the appeal had been filed and it is still pending.…

…other petitions could be held up. (4) Respondents may deliver recriminatory cases (rule 8) and speed of service, in order that the respondent may know the case against him, is obviously desirable so that he may collect his evidence…

…return) they should be dealt with as one without letting late service in one hold up the others and lastly that respondents need to go in a given time frame knowing what cases are against them so that they collect their evidence…

…Regarding the confinement of the petitioner at a prison facility, the respondent contended that the section 43(2)(b) of the KCIA provides an alternative to a holding facility and further that there was no evidence tendered…