Search court decisions

…The learned Magistrate did not accept the evidence of the appellant that the respondent was her causal worker. She thought this evidence was untrue.…

…Given the evidence the Magistrate heard and the statement the appellant made at Kasarani police station and which was admitted as evidence in the case, she was entitled to hold this view.…

…He accepted the evidence of PW 1 supported as it was by the evidence of PW 3, Mwangi and PW 4, Njooka.…

…This point was considered by the learned magistrate as being further circumstantial evidence which supported the direct evidence of the complainant.…

…The applicant has not effectively challenged that evidence.…

…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…

…Dr Cotran includes one that was not touched upon in the evidence.…

…So some of the conditions are in the evidence and some in the book and some in both.…

…(except the one regarding the camera and the calculator) was called to give evidence or to identify the comparatively large number of items which were found upon the appellants, that the bus inspector’s evidence of purported…

…In the absence of any other evidence, Mr Harwood quite properly could not see how all the appellants had been in joint possession of these items.…

…The 2nd defendant’s evidence as to the most likely point of impact is supported by the evidence of his employer (DW 1) who had happened to pass on that road after the accident and was at the scene while the police were still…

…And I see no reason why I should not accept the evidence of the 2nd defendant. I would also observe that the police were at the scene. They could haveprovided valuable evidence at least as to the point of impact.…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…Section3(2) of our Evidence Act provides: “ 3(2).…

…But that is no evidence either that he is the one who stole them alone or with anyone else.…

…There is simply no evidence at all to support such a claim as a claim to special damages.…

…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.…

…As regards the second appellant, the only evidence against him was that of his co-accused, the 1st appellant.…

…This evidence was to the effect that it was the 2nd appellant who brought the stolen property to the 1st appellant who brought the stolen property to the 1st appellant.…

…The elders award was as follows:- “According to the evidence adduced by both parties it is clear that the deputants are brothers.…

…The learned counsel fails to realize that there was no evidence of a Will before this new panel of elders. There was no evidence of a first registration.…

…The court then proceeded to hearing evidence on how this accident occurred.…

…From the evidence before the court it is not in dispute that the two vehicles collided in broad daylight. Dr Mburu (P W 1) testified that it was a clear day.…

…On this issue, the plaintiff gave evidence and was positive that the 1st defendant knocked him down on the zebra crossing. For this evidence, he found some support from the evidence of Constable John Murunji.…

…He did not say in evidence that the injuries he sustained, rendered him impotent.…

…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.…

…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…

…A further submission was to the effect that there was no evidence to show that the deceased owned property jointly with his brother, Kimani Njuguna.…

…When I considered all this evidence, I came to the conclusion that the mode of distribution of the assets of the deceased in this Succession Cause was flawed!…

…Edith Nyambura Muchiri (DW1) gave evidence in support of the defendant’s counterclaim.…

…The plaintiff also did not offer any evidence to controvert the plaintiff’s case he relied on submissions by his counsel which can be accepted on points of law but cannot respond to facts.…