Search court decisions

…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…

…Thus releasing accused completely from any stress or strain in case he will have to give evidence in some connected matters. I should order absolute withdrawal and acquittal for the accused.…

…If at the close of the evidence in support of the charge and after hearing such summing up, submission or argument as the prosecutor, the accused person or his advocate may wish to put forward, it appears to the court that…

…But the evidence shows she was better off than her husband financially. In May 1981, the adult plaintiff was employed by the Nairobi City Council as a sanitary labourer.…

…On April 12, 1984, she was seen by Dr W M Wokabi, a consultant surgeon who gave evidence before me. I think her father’s difficult financial circumstance was reflected in her appearance.…

…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.…

…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.…

…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…

…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.…

…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 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.…

…He therefore argued that there was evidence that pleadings had not closed in this case as required by order XVI Rule 5.…

…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.…

…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.…

…No evidence was produced to show the steps so far taken to regularise the position and on this question I find that at the cancellation of the allocation of the plot the improvements thereon were illegal structures.…

…or which have actually been violated in situations where damages would be an inadequate remedy, or to those who are favoured by the balance of convenience in situations where as a result of serious conflict of affidavit evidence…

…Witness give affidavit evidence in election petitions. The process is clearly set out and rule 18(7) provides: “7.…