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…The prosecution called evidence to show that a handwritten document which was exhibited may have been forged. A copy of the document was in the possession of the appellant.…

…No clear evidence was adduced to show that she either made the document or was party to its making.…

…With regard to the accident he submitted that the appellant had adduced evidence to show an accident did occur in which her husband had been injured and, because the respondent did not adduce controverting evidence liability…

…Njuguna conceded that the appellant had proved by evidence, that an accident occurred, but did not think that any evidence was adduced to establish negligence on the part of the driver.…

…The application is based on the fact that no evidence was led in support of the petition as required by law, the hearing of the petition was not advertised as required by law.…

…In certain circumstances verifying affidavit may provide evidence upon which a winding up may be granted.…

…Mwakalamu supported that evidence in material particulars.Particularly the evidence that it was the deceased who went to pickup an axe to cut his father.…

…There was no evidence that Mwakalamu inflicted grievous or any harm to the deaseased. Such evidence as there was about anyone one striking the deceased related to another person.…

…Mwakalamu supported that evidence in material particulars.Particularly the evidence that it was the deceased who went to pickup an axe to cut his father.…

…There was no evidence that Mwakalamu inflicted grievous or any harm to the deaseased. Such evidence as there was about anyone one striking the deceased related to another person.…

…From the evidence of the Plaintiffs only witness he statedwhen asked about an agreement:- "There must have been an agreement.It must be oral."…

…In order to prove that a theft had occurred, all the Plaintiffrequired to do is to produce the lower court file under section 34 of the Evidence Act.…

…Evidence on that sub-division is not convincing. It is denied by both Defendants and there is no evidence of it on the relevant land register as should have been the case.…

…There is evidence of her occasional desertion of her husband making it difficult to find a cont8inuous period of more than 12 years. There is no evidence of adverse entry.…

…The evidence before me is not clear on the titles of officers and the name of the department or division of the City Council under which the Plaintiff worked. Various titles descriptions have been used in the evidence.…

…Njau were among the people who were summoned by the Committee and gave evidence before the Committee.…

…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…

…It was on the basis of this evidence that the appellants were convicted by the trial court as is outlined at the beginning of this judgment.…

…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.…

…The plaintiff swore an Affidavit to that effect and also called the witness who not only swore an Affidavit in further support but also gave Viva Voce evidence.…

…I have considered the Affidavits in support of this application and the oral evidence tendered.…

…I have considered the evidence before me. I have no doubt in my mind that the motor vehicle was carrying the potatoes in question for hire and reward.…

…The evidence is clear on this and although both the plaintiff and his driver as at the time the motor vehicle was stolen attempted to convince this Court that that was not so, I am of the firm view and so hold, that their…

…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…

…It was on the basis of this evidence that the appellants were convicted by the trial court as is outlined at the beginning of this judgment.…

…There is no evidence of any order for extension of time to file the said notice. Then there is another notice of appeal which is dated 29th March, 1985 at P.74 of the same record of the said appeal.…

…Again there is no evidence that either of the two notices of appeal had been validated by any appropriate order for extension of time.…

…Only the first respondent gave evidence in the superior court.…

…The following special damages were pleaded: Funeral Expenses Shs. 34000.00 Police abstract Shs. 100.00 Post Mortem report Shs. 100.00 Letters of Administration fees Shs. 15300.00 The first respondent stated in his evidence…

…Counterclaim to be heard” The learned judge then proceeded to receive evidence in support of the counterclaim from the 1st respondent. No evidence was called from nor was any adduced by the 2nd respondent.…

…In absence of such evidence the suit was improperly dismissed under O.IXB rule 4(1) of the Civil Procedure Rules, as the facts fell outside its purview. We agree with Mr.…

…see how those criminal proceedings which admittedly were not before Juma, J. could be included in the record of appeal without the applicant having obtained the prior leave of the court to adduce further our additional evidence…

…In assessing damages for pain suffering and loss of amenities the learned judge misapprehended the evidence in the crucial aspects of the sequelae of injuries and gave too much weight to Dr..…