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…There is also evidence that the advocates following these instructions did pay to the Plaintiff a total sum of Shs.900,000 which was passed to the vendor leaving a balance of Shs.300,000/-.…

…The Plaintiff in her evidence said that the agreed fees between her and the Advocate was Shs.40,000. She had to borrow more money from her Co-operative Society to finalise the purchase.…

…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…

…I have found that I cannot decide on such issues on affidavit evidence alone, I have to hear the oral evidence. ... I will now go ahead and hear oral evidence in this case.".…

…Evidence was led to the effect that Teresiah and her children are entitled to inherit from the deceased.…

…The petition contained points like the Learned Trial Magistrate did not record all the evidence tendered (this did not come out clearly in Mr.…

…The evidence shows that only P.W.2 saw him cutting down the crops. The others P.W.3 and 4 did not.…

…There were 9 agreed issues and in my judgment I will answer them as per the evidence which was presented to the court. The statement of agreed issue was filed on 17.11.99 and I shall refer to them later.…

…Evidence The plaintiffs called five witnesses most of them among the plaintiffs who gave evidence that they were either machine operators, machine attendants and store keepers.…

…It is for the Court, to which application is made, to decide, on all the evidence then before it, whether such real danger existed at the time when the impugned decision was taken.…

…There is no evidence or even suggestion that he discussed any of the cases then pending before me, which he certainly did not. (7) There is no actual evidence that there are real grounds for doubting my ability to ignore…

…It is for the Court, to which application is made, to decide, on all the evidence then before it, whether such real danger existed at the time when the impugned decision was taken.…

…There is no evidence or even suggestion that he discussed any of the cases then pending before me, which he certainly did not. (7) There is no actual evidence that there are real grounds for doubting my ability to ignore…

…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.…

…The 1st defendant appeared and gave evidence on oath on her counterclaim.…

…The 1st defendant gave evidence to back her claim.…

…There is allegation of fraud, which requires proper investigation and that can only be done by way of evidence at the trial.…

…points on appeal to the effect that the lower court assumed that the complainant M/s Phoenix Publishers Company Limited held copyrights over the books in issue when in fact holding such rights was not proved by tendering evidence…

…before the court; that the substance and efficacy of the evidence the prosecution case was not fully brought out, and here stress was laid on the facts that those who printed the books did so on sight of valid print and…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…

…The applicant adduced no evidence of the agreement in writing for this purchase and/or that he obtained the requisite Land Control Board consent for this transaction.…

…There is no evidence of any communication nor does the applicant assert that he ever did so.…