Search court decisions

…There was no evidence led on this issue and the defendant denies that he carried business thereon from 1/6/2001 to 31st May 2004.…

…There is evidence that the consent of Commissioner of Lands was obtained. The lease was prepared by advocates of the defendant, Field-Marsham & Co. Advocates.…

…Because of that denial it is incumbent upon the plaintiff to demonstrate by evidence that the services were indeed rendered and at the request of the defendant.…

…In view of what I have stated above and particularly the lack of evidence in support of the application, I am unable to find that the defendant’s defence is a sham as alleged by the plaintiff or at all.…

…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.…

…Apart from just saying that as a result of indemnities and counter indemnities under various charges and securities he failed to come out with convincing evidence on this issue.…

…Mr Hewett in his submissions contended that the transfer of charge put the plaintiff in the steps of the company; that the letter of January 7, 1985 (Ex A) was not admissible in evidence because it was written after the transfer…

…He pointed to some parts of the evidence in the case saying that the learned magistrate had considered the evidence before him properly.…

…The evidence given by the three witnesses is that the applicant hit the complainant with a piece of wood.…

…The other grounds relate to matters of the evidence and ndings of fact which, since this is a second appeal, this court need not be concerned with.…

…Both the trial and the rst appellate court set out in detail the evidence which linked the appellant with his alias David Mwai Waweru and the transactions of opening the Kwake Enterprises Bank account and withdrawals of…

…Muli, in his sworn evidence, confirms what Waita said about the conversation at the bar. When he left the bar, Waita made a report of the conversation to PC Mwangi.…

…Having re-evaluated the evidence as is indeed our duty as a first appellate court: see decisions like Okeno v R [1972] EA 32 or Pandya v R [1957] EA 336 etc, we are satisfied that there was overwhelming evidence against the…

…The question of general damages is to be tried on vivo voce evidence at a date to be taken at the registry. Dated at Nairobi this 1st day of July 1996. A.G. RINGERA JUDGE…

…I propose to hear evidence of the value of the lands, assess its market value to which I shall add the appropriate 15%. Mr Munene has 2 further claims which I shall now consider.…

…I shall accordingly, hear evidence only in the value of the land in 1981. Dated and Delivered in Nairobi this 14th day of October 1986. J.F.SHIELDS JUDGE…

…With respect, the judgment of the trial magistrate was against the evidence of both Pw1 and DW2. Accordingly, the appeal is hereby allowed consequently the respondents suit in the lower court stands dismissed with cots.…

…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…

…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.…

…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.…

…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.…

…I have seen some correspondence and evidence that the plaintiff form time to time reached an arrangement with the defendant to liquidate the sum due and owing.…

…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.…

…It is possible that the Plaintiff’s claim may be correct, but that can only be proved after a full hearing of the matter where evidence is tendered to prove the allegations.…

…In this case, there was no ground for finding that the company had no basis for action and there is no evidence of oppression having in mind that the Appellant is still indebted to the Company putting his case at its highest…

…Havi that despite what his client said about me I would obey the law and base my decision on evidence and the law.…

…He made a visit to the judge’s chambers without the opponent and when asked to make a formal application supported by evidence he did not.…