Search court decisions

…Secondly under sections 176 and 177 of the Evidence Act, the statements of the company’s account with the Petitioner (which is a bank within the meaning of section 3(1) of the Evidence Act) annexed to the affidavit of Kimani…

…Muthiora are prima facie evidence of the matters therein recorded.…

…(xxxiii) THAT the Respondent herein relied on hearsay evidence which he was unable to substantiate during the hearing of the Petition and should now not be allowed to re-open his case by fishing for fresh evidence which was…

…and lay a basis in the Petition and the Affidavit evidence filed in support of the Petition.…

…He submitted that there was no evidence then or even now challenging the calculations.…

…He stated it is only afterwards that the applicant brought in new evidence and there is no way that one can be allowed to bring in new evidence once case is closed.…

…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.…

…(xxxiii) THAT the Respondent herein relied on hearsay evidence which he was unable to substantiate during the hearing of the Petition and should now not be allowed to re-open his case by fishing for fresh evidence which was…

…and lay a basis in the Petition and the Affidavit evidence filed in support of the Petition.…

…(b) There was no evidence that the employee was aware of any prohibition to drive as alleged; (c) The employee was not called to give evidence, the onus of proof in such cases being always on the employer; (2) The learned…

…Evidence de bene esse was given by Adriani, the manager of the Horticultural section of the Kakuzi Ltd, the respondent.…

…The minutes of this meeting were attached as evidence. 7.…

…However, no evidence was adduced to prove that a notice had been given prior to the meeting of the 29th of September 2020. 11.…

…In it he deposed that he was aggrieved by the fact that the court martial had not properly evaluated the evidence on record before preferring the conviction.…

…He submitted that there were gaps left by the evidence on record which meant that his appeal had high chances of success.…

…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.…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…Section3(2) of our Evidence Act provides: “ 3(2).…

…to be taken and the procedure for litigation of constitutional applications by way of Petition supported by affidavits does not permit the use of viva voce evidence, and that therefore the Petition ought to have used the…

…The Chief Justice would give the court power to order that the Petition be heard by viva voce evidence so that the Petition may properly proceed as drawn. (3) Properly understood, Article 159 of the Constitution does not…

…The applicant has tried to introduce additional evidence before us to show that judgment had been entered.…

…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…

…During the trial in the court below, there was evidence which the learned trial magistrate was entitled to and which said evidence the believed which showed that the applicant had left his motor vehicle in a stationery manner…

…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.…

…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…

…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…

…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.…

…From the affidavit evidence before me it is clear that the respondents have an interest and rights over the suit property.…

…Considering all the evidence and circumstances of the case it will be unfair to grant an injunction against the respondents in favour of the applicants.…

…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.…