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…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.…

…Then she made significant observations during her cross examination by the appellants to the 1st accused (1st appellant) she said.…

…Gacheche went on to describe particulars of their books and answered in cross examination to Mr. Mungata (for the 1st accused who was acquitted) that: “I am a publisher. I am the Managing Director of Phoenix Publishers.…