Search court decisions

…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…

…He had before him evidence to show that the appellant was guilty of the offence of causing death by dangerous driving.…

…There were some differences in the signatures on the petty cash vouchers allegedly signed by the appellant and the learned judge, in our view, quite properly accepted the evidence of Isidora M.J.…

…Romsalves who was at the time of giving evidence no more in the employment of K.G.G.C.U. She had no axe to grind and her evidence was credit-worthy.…

…Contradiction in the evidence of the 2nd respondent, which Simpson, CJ, had also noted, were on a very material issue.…

…With no evidence relating to her interest on record there was no foundation to form a basis for any appeal by her.…

…If the plaintiffs had not pleaded special damages they would not have been allowed to call any evidence in that respect.…

…court said: "In this connection it was the duty of the appellant to put before the judge through his pleadings the claim for shs.14, 151,650/70; though the appellant had an opportunity to amend his plaint before leading evidence…

…Only the first respondent gave evidence in the superior court.…

…The following special damages were pleaded: Funeral Expenses Shs. 34000.00 Police abstract Shs. 100.00 Post Mortem report Shs. 100.00 Letters of Administration fees Shs. 15300.00 The first respondent stated in his evidence…