Search court decisions

…Counsel noted that the respondent did not adduce any evidence relating to the policy. Counsel maintained that the appellant called evidence to confirm its position that the policy did not cover passengers. 8.…

…I have carefully reconsidered and evaluated the evidence which was adduced before the trial magistrate. The evidence was clear that the respondent was injured in an accident whilst traveling in the subject vehicle.…

…The Defendants did not adduce any evidence during the hearing. Upon close of oral evidence both parties were invited to le written submissions.…

…There is no evidence to prove either of these allegations.…

…accident which was adduced in evidence by consent.…

…Such evidence does not tend to show that before the accident the plaintiff was planning a naval career.…

…Evidence is on record as to what happened from the various witnesses including the report of Leornard Oloo, the Production Manager. This evidence brings out the sort of person Lawi was, generally.…

…Joshua’s evidence too was that Lawi was a bad tempered man.…

…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.…

…There is no evidence that a copy of the report was sent to or read out to the appellant.…

…adduced by or on behalf of the plaintiff, it appears to the court that, if such an action were brought forthwith and the like evidence were adduced in that action, that evidence would in the absence of any evidence to the…

…The evidence before me is not clear on the titles of officers and the name of the department or division of the City Council under which the Plaintiff worked. Various titles descriptions have been used in the evidence.…

…Njau were among the people who were summoned by the Committee and gave evidence before the Committee.…

…He was tried but was acquitted for lack of sufficient evidence. Before the trial the plaintiff was summarily dismissed on account of the loss of that tyre.…

…The plaintiff called evidence to show that the charge of theft by servant was determined in his favour. He was acquitted of the charge.…

…(3) What was the value of the respondent’s baggage and its contents on the recorded evidence? (4) Was there any basis for the trial courts’ award of general damages?…

…The learned trial judge carefully analysed and evaluated the evidence adduced before him by both parties, and made findings on it as required by law.…

…There is also uncontroverted evidence that the suit premises were purchased from one Nderi Gatimu.…

…He did not tender any evidence in that regard other than his word of mouth. The 1st defendant has questioned the credibility of the evidence given by PW1 and PW2.…

…The variance of the issues raised by the parties calls fordetailed examination of the evidence adduced on each aspect.…

…(d) There is no clear-cut evidence showing' that the plaintiff absconded from duty.…

…Thus the case for the AFC proceeded on a wholly false premise, one which, indeed, was belied by their own evidence.…

…The learned trial judge clearly misapprehended various aspects of the evidence before him and consequently made wrong findings thereon.…

…Four of the remaining holdings were to the effect that the words uttered were not statements of truth or were not supported by evidence.…

…The learned judge had accepted the above evidence and found that during the period that the appellant was the chairman money had gone missing.…

…Section 47A of the Evidence Act cap 80 Laws of Kenya is clear on the point.…

…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…

…The evidence shows that at some time after the death of her son, the appellant decided that it was no longer desirable for the respondent to retain her right to stay on the land.…

…Nor was any evidence adduced to show that by reason of Gatui’s death his wife and children had lost their right to occupation over the parcel of land No Kiambu/Kanunga/661.…

…That assumption, on the evidence adduced before me, is not correct because D.W.1 who was in charge of the Ferry at the time of the alleged accident strenuously denied in his evidence that the Ferry was involved in any accident…

…This must be so due to the nature of the evidence I received, particularly that of D.W.1. Mrs.…

…The witnesses gave concurrent evidence. At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…

…It is his stand that since the evidence is not challenged liability is established.…

…That written statement of defence repays a re-reading from time to time when the evidence in the case is being considered.…

…Here again, with the evidence of the written defence of the defendant in the suit in the magistrate’s court at Kaloleni to the same sort of claim and the evidence and plan of the recorder Mwenyesi I declare that the plaintiff…

…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.…