Search court decisions

…For what may appear, the sequential recapitulation of evidence, the evidence of Wayua Muvengei (PW1) and Anna Kalau (PW10) needs be reviewed first.…

…Besides other evidence that he gave, I.P. Musili (PW7) gave similar evidence regarding how the accused led them to the point where he left the bicycle and its subsequent recovery at the home of Kilonzi (PW6).…

…But according to the evidence of PW4, Cpl. MBOGHOLI , PW1 reported to him about the robbery on 511-94. This is about 6 months later.…

…The Learned State Counsel does not support the conviction on the ground that the Learned Trial Magistrate based his conviction on the evidence of PW1 and PW2 who were husband and wife whose evidence contradicted each other…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…

…He had before him evidence to show that the appellant was guilty of the offence of causing death by dangerous driving.…

…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.…

…Ogada is that the evidence of the prosecution witness was contradictory.…

…Ogada claimed the evidence was contradictory.…

…He then took a statement under inquiry from the 1st Appellant which were admitted in evidence (ex. 56).…

…We are in great difficulties in accepting the evidence of Yunis that he could see or recognise any of the said intruders.…

…The evidence of the search and finding of the drugs was given by three Administration Policemen (APC Edward Kiengo (P.W.1), APC Peter Kahome (P.W.2) and APC Kilei Mbogo (P.W.4).…

…There is no evidence sufficient to raise any presumption of possession against the appellants.” This is a judgment of this Court and we are bound as usual to accord it utmost respect.…

…The said Achienq Amukoa never gave evidence in the court below.…

…The learned trial maqistrate gave a careful analysis of the evidence that was adduced before him. What must be appreciated is that circumstances for identification were quite difficult.…

…The said Achienq Amukoa never gave evidence in the court below.…

…The learned trial maqistrate gave a careful analysis of the evidence that was adduced before him. What must be appreciated is that circumstances for identification were quite difficult.…

…What is worse, the learned judge relied on the retracted confession of the appellant Saa Kilonzo, without warning himself as to the danger of convicting the 1st Appellant on the uncorroborated evidence of a co-accused.…

…In the result, considering the summing up of the learned judge which was no summing up at all, and his conclusions on the fact which was reached without a proper consideration of the evidence of the appellants as alluded…

…When the suit came up for hearing the plaintiff gave evidence in line with his pleadings and explained how he was injured.…

…The doctor who examined the plaintiff was called to give evidence.…

…He then took a statement under inquiry from the 1st Appellant which were admitted in evidence (ex. 56).…

…We are in great difficulties in accepting the evidence of Yunis that he could see or recognise any of the said intruders.…

…That there are no grounds of appeal enclosed andno where in the affidavit is there evidence showing that ifthis order is NOT made the appeal will be nugatory. Mr. Gikandi together with Mr.…

…If there isno evidence of substantial loss to theapplicant it would be a rare case when anappeal would be rendered nugatory by someother event.…

…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.…

…I bear in mind that as at this stage the only evidence I have is by way of affidavits and annextures. This evidence has not been subjected to crossexamination.…

…There is no evidence on record that the operators licence of 1st May, 1988 was ever terminated in the manner provided therein. It is not clear as to why the operators licence of 1996 had to be drawn.…

…There is no evidence that plaintiff had referred the dispute on the boundary to the Land Registrar before he filed this suit.…

…I bear in mind that as at this stage I only have affidavit evidence that has not been tested under cross-examination.…

…There is no evidence that the 4th defendant had notice of any dispute between the shareholders of the first defendant.…