Search court decisions

…With regard to absence of evidence of service of the order it is not disputed that no evidence to that effect is annexed to the affidavits in support of the motion.…

…There is no evidence at all of the person who served Mr Malakwen on 3rd November, 1993.…

…He had heard the evidence of the Plaintiff and his doctor. The proceedings had proceeded ex parte and in the absence of the defendants. The Plaintiff closed his case and the suit was adjourned for Mr.…

…From the evidence before the court the plaintiff stated that he boarded the defendants lorry. Motor vehicle KWL 306 Souza Lorry, that was driven on the material day by the 2nd defendant.…

…The evidence of the 2nd Defendant before the Arbitrator contradicts his own evidence in court that he had never been to that land till after the land was transferred to him.…

…His evidence and that of the 1st Defendant that they visited the said land in September, 1987, clearly confirms the evidence of the Plaintiff and his witnesses that both Defendants had come to the said land in September,…

…The issue of jurisdiction was decided, “on the evidence” before Golf, J.…

…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…

…Such evidence was given on commission and taken down by commissioner who signed the document.…

…Damages are clearly payable to the parents of a deceased child, irrespective of the age of the child and irrespective of whether there is or there is not evidence of pecuniary contribution. 3.…

…The award of shs 100,000/- was in any event excessive and not supported by any evidence of loss. We shall deal with ground one first.…

…The principles for the successful grant of a review are well settled and the two which are pertinent to this application are that some new and important matter or evidence which could not with diligence have been discovered…

…Why this authority could not have been discovered after the exercise of due diligence even if this authority could be regarded as “new and important matter or evidence”’ is not explained.…

…Evidence is not to be pleaded.…

…The previous driver who had the car since morning is unknown and as such did not give evidence. The evidence of the plaintiff has been corroborated by the two defence witness.…

…He denied the offence and said the evidence of PW1 was false. During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…The prosecution case was dependent on the evidence of PW1.…

…He denied the offence and said the evidence of PW1 was false. During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…The prosecution case was dependent on the evidence of PW1.…

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

…This evidence has not been challenged in anyway.…

…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.…

…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…

…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.”…

…Of course apart from the evidence of the respondent, there were also the four medical reports to which we have already referred.…

…It is, however, not suggested in evidence that Dr Kokonya had no basis for starting the respondent on the drugs in the first place.…

…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.…

…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 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.…