Search court decisions

…Mr Njuguna, on behalf of the respondents, equally drew attention to several differences in the other side’s case, notably that under cross-examination the plaintiff said first that he had received the log book from Nairobi…

…Neither was it ever put to the appellant in cross-examination that he and Hawala had acted in collusion so as to deprive the AFC of its security.…

…During cross-examination the plaintiff explained that on that fateful evening Lawi appeared from behind him and held his waist, then the two fell down and the fore-man came to separate them.…

…The witness said that Lawi had hit several other people before, and on cross examination he said: “That night, Lawi was drank because of the way he was talking. He was harsh to the people.…

…Mr Chemweno on the other hand was not traced for cross-examinations.…

…assertions of Mr Chebseba on record given in his cross examination intact and unchallenged.…

…Counsel for the respondent on the other hand opposed the appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination…

…In my opinion having given the particulars of the file where leave was sought if the appellant defendant was not satisfied with that he should have sought particulars and called for evidence in cross examination.…

…He denied in cross-examination that he had never alleged any beatings in his police statement which he made on the date he was arrested.…

…In cross examination he added that the persons who beat Abdi were different from those who beat him and the second plaintiff, and they were three. According to him also, there were five askaris who beat them.…

…In cross examination Wayua answered that although she did not have a spotlight, on thatcloudless full moon night she saw clearly the incident in issue.…

…In cross examination PW2 told the court that his house and that of the accused lie opposite each other across the road. But the scene of the attack was closer to the accused's house.…

…This was not, however, put in cross-examination to any of the police witnesses, and none of those documents were produced, as we would have expected, remembering that the appellant was professionally defended at the trial…

…This was reiterated by P C Thimbu under cross-examination by Mr Azangalala.…

…Mr Prinja conceded that Stella was not challenged in cross-examination on her recognition of the appellant’s voice (as she should have been) but maintained that nevertheless the judge was not relieved of the duty of administering…

…None of these matters, Mr Prinja said, were canvassed by the judge in his judgement, which it was his duty to do, notwithstanding that most of them were not put to the witnesses in cross-examination.…

…One is even constrained to think that the cross-examination conducted by defence counsel was never based on instructions from his clients.…

…He said so in his evidence in chief and repeated it when the matter was raised in cross examination. The evidence of PW3 is very clear.…

…In cross examination, PW1 claried that the deceased had come home with the appellant on 20th December, 2010.…

…In cross examination, the appellant did not challenge PW2’s testimony on how she came to live in the deceased’s house and the fact that she was in the deceased house on the material night when the deceased was killed.…

…In cross examination, PW1 claried that the deceased had come home with the appellant on 20th December, 2010.…

…In cross examination, the appellant did not challenge PW2’s testimony on how she came to live in the deceased’s house and the fact that she was in the deceased house on the material night when the deceased was killed.…

…In cross examination, PW1 claried that the deceased had come home with the appellant on 20th December, 2010.…

…In cross examination, the appellant did not challenge PW2’s testimony on how she came to live in the deceased’s house and the fact that she was in the deceased house on the material night when the deceased was killed.…

…In his evidence in chief he did not say he led the Police to the arrest of any of the Appellants but during cross-examination he said he had identified Accused One to the Police. He does not say where and how.…

…The plaintiff categorically exculpated the 1st defendant when he said (in cross-examination by Mr Gikandi): “It is not true that I was employed by the 1st defendant as alleged in paragraph 5 of the plaint.…

…In cross-examination by Mr Pandya the 1st defendant admitted that the person who completed the first form was his own clerk who was paying wages to his employees, and that although he knew that the clerk had completed this…

…In his evidence in court the first accused Charles Ndolo who is appellant in HCCRA 52/03 said that he had a grudge with the complainant which he never put to the complainant in cross examination.…

…The issue of a grudge has been displaced by this court as being an after thought as it was not in cross examinations. Even if PW 1 had a grudge no explanation exists as to why PW 2 and 3 should frame the appellants.…

…PW7 died before his cross – examination by the appellant was completed.…

…It must be remembered that it is made in the absence of the accused and is not subjected to cross-examination.…

…On cross-examination by Mr Satchu, Mr Sherwin stated that the bucket would drop to the surface of the road.…

…On cross-examination by court, he stated that he traveled a distance of about 100 yards on the right lane before the steering turned right.…