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…In his evidence in Cross examination, Mr.…

…The trial Judge preferred the evidence of those who saw the testator to the evidence of Dr. Ahluwalia. The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence.…

…, affidavit evidence and submissions.…

…At the hearing of this application the objector presented his oral evidence and concluded. The matter was adjourned for the petitioners to record their oral evidence.…

…He has not tendered any evidence to support this allegation. 12.…

…The evidence must show an infringement of a right, and the probability of success of the applicant’s case upon trial. That is clearly a standard which is higher than an arguable case.” 13.…

…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.…

…such evidence was not rebutted unless eectively displaced in cross examination.…

…It relied on an number of precedents and Section 157 of the Evidence Act.…

…The learned Resident Magistrate after finding in evidence that the Appellant was like a mother inlaw or aunt in-law to the deceased and hence in reality like a parent, he nevertheless found that a cousin to the deceased who…

…The learned Resident Magistrate made an erroneous finding of fact in concluding that the fencing of the suit land by the deceased with assistance by the respondent was evidence that the land had been gifted to the respondent…

…In an application for review under Order 44, rule 1, which this one is, the applicant must demonstrate the discovery of a new and important matter or evidence which, after exercise of due diligence, was not within his knowledge…

…No discovery of such new and important matter or evidence is pleaded in the grounds on the face of the application or in the supporting affidavit.…

…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…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…In my view the applicant has discharged the burden on the conditions precedent based on the affidavit evidence to support exercise of discretion in its favour under Order 42 Rule 6 of the Civil Procedure Rules.…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…In my view the applicant has discharged the burden on the conditions precedent based on the affidavit evidence to support exercise of discretion in its favour under Order 42 Rule 6 of the Civil Procedure Rules.…

…From the petitioner’s evidence, I am satisfied that the respondent was cruel to her. He absented himself from home so many times, and also drank heavily, and provided no financial or any other support to his family.…

…He also stated that there was no evidence that the estate was being wasted. Ms.…

…Ndagani 716 - was distributed and the 6th respondent produced evidence to show that he purchased 2 acres out of the parcel. 3. Mwajati Manani 4749 does not appear in the list of properties distributed.…

…From the evidence adduced it is clear that there was a valid sale agreement between the defendant as the seller and the plaintiffs as the purchasers of a piece of land known as parcel No 265 at Nairegia Nkare in Narok District…

…The appellant maintains through his counsel that his appeal which he has already filed high chances of success because the trial magistrate failed to adequately consider the evidence on record.…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…In my view the applicant has discharged the burden on the conditions precedent based on the affidavit evidence to support exercise of discretion in its favour under Order 42 Rule 6 of the Civil Procedure Rules.…

…Although the question of the conviction was not canvassed before us, we have assessed and evaluated the evidence on record and we are satisfied that the conviction is sound.…

…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…

…This court took the liberty under Section 50 of the Evidence Act to analyze the purported signatures.…

…This court must also address the issue of conicting evidence produced by the parties concerning whether or not the 1st, 2nd and 3rd respondents were actually present when the Applicant was denied access to the suit property…