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.…

…Hezekiah Okanja, the plaintiff’s father gave evidence, and Pamela Onyango, whom I have already mentioned, was recalled to give further evidence.…

…Athanasio Otondi Duolo gave evidence which fully corroborated the evidence given by the plaintiff and Zephaniah Odera Okanja.…

…I recorded evidence from four witnesses, on behalf of the plaintiff.…

…This evidence has not been challenged in anyway.…

…This evidence was not challenged.…

…Looking at the evidence as a whole, it is plain to us that the learned judge could not have come to any other conclusion than that the respondent’s account of the accident was the correct one.…

…There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-.…

…The Plaintiff in her evidence said that the agreed fees between her and the Advocate was Shs.40,000. She had to borrow more money from her Co-operative Society to finalise the purchase.…

…There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-.…

…The Plaintiff in her evidence said that the agreed fees between her and the Advocate was Shs.40,000. She had to borrow more money from her Co-operative Society to finalise the purchase.…

…Until such time as there is denite agreement on the issues at hand, such correspondence cannot be used as evidence against any of the parties.…

…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…

…We have no direct evidence as to how the collision occurred.…

…Those mechanics could have given better evidence.…

…From the evidence of the Plaintiffs only witness he statedwhen asked about an agreement:- "There must have been an agreement.It must be oral."…

…In order to prove that a theft had occurred, all the Plaintiffrequired to do is to produce the lower court file under section 34 of the Evidence Act.…

…Evidence on that sub-division is not convincing. It is denied by both Defendants and there is no evidence of it on the relevant land register as should have been the case.…

…There is evidence of her occasional desertion of her husband making it difficult to find a cont8inuous period of more than 12 years. There is no evidence of adverse entry.…

…The defendant did not offer any evidence. The only direct evidence on how the accident happened was given by James Odero Jowi who told the Judge – “I knew Joseph Nzioka Mwana. He was a driver of a fork lift.…

…She accepted this evidence and held the defendant liable. In the assessment of damages the learned Judge rejected the evidence of income of the deceased and the plaintiff’s claim that she had 5 children.…

…It also is regarded to have admitted it unlawfully detained the motor vehicle for the whole period it remained in its custody, which according to the evidence was 231/2 days.…

…However no evidence was adduced as to what other companies charged. I have considered this matter carefully. Clearly, the plaintiff was denied the use of her car.…

…In brief the evidence on behalf of the plaintiff is this.…

…They were unshaken and maintained their evidence.…

…or that they are unsupportable on the evidence available on the record.…

…Where no evidence adduced the claim should be disallowed. It is very sad that the plaintiff was injured in this matter.”…

…I have considered the evidence both of the plaintiff and that of the defendant and came to above finding. 1st to consider the plaintiff’s own evidence in that she married Kungu she then moved onto the suit premises in 1963…

…When it was revealed in evidence that she was not teaching at St Paul in the sixties but seventies, she became tongue-tied.…

…However, the evidence he has adduced in support of his claim falls short of the required standard to warrant the grant of the orders sought.”…

…As far as grounds No 2 & 3 summed up above are concerned, these relate to matters of evidence.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…The applicant gave evidence as to how he came to sustain the injuries that he now seeks to be compensated for.…

…He had no evidence of head injury. The systematic examination never revealed any other significant injury.”…

…The evidence adduced in the formal proof proceedings was solely that of the plaintiff. She simply said – “while we were traveling, I heard something like a bomb. I do not know what happened.…

…No evidence was adduced on these 2 aspects of the particulars of negligence alleged in the plaint.…