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…of that evidence so it is worthless and cannot be convicted on but Mr.…

…Cap 15 and S.124 of Evidence Act deal withChildren's evidence under our statute law.…

…Until such time as there is denite agreement on the issues at hand, such correspondence cannot be used as evidence against any of the parties.…

…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…

…That no evidence has been adduced to support the defendant’s defence that the plaintiff respondent was negligent, the defendant has not done anything to counter the plaintiffs evidence and found the plaintiffs case proved…

…I have re-evaluated the evidence adduced before the lower court in the light of the grounds of appeal. The first complaint relates to the issue of Limitation of Actions Act.…

…Plaintiff gave evidence generally relating to personal lifeof the deceased and the damages he was claiming.…

…The defendant is the owner of the vehicle and it is he who has been sued.His driver gave evidence but he has not been made a party.…

…In fact there was no pleading or evidence mentioning this road. What the evidence discloses under issue No.7 is that the plaintiff slept under the said motor vehicle.…

…In their evidence the above particulars of the evidence was totally contrary one to the other. The defendants driver never was speeding. He was stationary. The vehicle hardly moved.…

…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…It was also his evidence that the plaintiffs vehicle was moving slowly. On the above evidence, who was to blame for the accident?…

…The plaintiff in addition to the affidavit evidence and evidence in the lower court called three witnesses while the defendant called 1 witness.…

…It was also his evidence that the plaintiffs vehicle was moving slowly. On the above evidence, who was to blame for the accident?…

…Corroboration is essential hence the consistency of the evidence by the prosecution witness is essential. Inspector Stanley Cheruiyot saw the appellant check the motor vehicle after the driver had stopped it.…

…The evidence of P.C. S. Manori was even more dramatic. This is what he told the learned trial magistrate: “The motor vehicle was being driven – (A3) – It was stopped by the 2nd accused lady officer.…

…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…

…It is the plaintiff's evidence that, the oral agreement toterminate his services, was on condition that the 1st defendant pays to theplaintiff a total sum of Kshs. 471,000 as earlier mentioned.…

…The witnesses gave concurrent evidence. At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…

…It is his stand that since the evidence is not challenged liability is established.…

…Although silent on the prayer for orders restraining the partitioning and disposal of the suit land, from the evidence the plaintiff does not want such sub-division to occur and the land to be shared out between him and his…

…There is no evidence that the trust was to be for the plaintiff and any other person in respect of this very suit land.…

…His conduct for the Republic was evidence of his guilt. The second appellant does not deny acting the way he did. He explained the reasons in his defence.…

…I have made an independent evaluation of the evidence.…

…Mutinda is then recorded to have said: “I have no evidence to offer. There is no witness to call.”, to which Mr. Ougo is recorded to have said: “There is no part of the claim admitted. The claim is not admitted.…

…Evidence is required to prove it. No evidence is called to prove it. The claim is not proved. It is dismissed for lack of evidence. Costs for the suit to the defendant. Orders accordingly.”…

…However the court allowed him to putin onc, according to his recollectionthe same to be considered along other evidence (Exhibit P.7). in cross examination this witness said that the bus had tended to go to the left of the…

…Again this is not tomake a short job of the plaintiff’s case go this point, but there was no evidence produced aboutthe plaintiff's income per month as a driver.…

…When the appeal was called to hearing Mrs Dias, readily conceded that several exhibits which were produced in evidence in the superior court had been excluded from the record.…

…The court made the following order, which we also reproduce fully: "ORDER OF THE COURT Several exhibits which were produced in evidence in the superior court have been exclud ed from the record.…

…applicant's identity and as to the ownership of the land of which the application relates and to require any person to produce any document it may think fit for a person to appear before it or produce a document or other evidence…

…To hear the application means to recieve the evidence of the applicant, in support thereof and evidence from any other interested or affected party, and then either to give its consent or to reject it*' In the instant case…

…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.…

…I find that the evidence before me that liability has been admitted by the defendants at 85%. None of the parties mentioned whether the defendants No. 2 and 3 were prosecuted as stated in the plaint.…