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 adduced by the prosecution witnesses in full.…

…then hear the accused and his witnesses and other evidence if (any).”…

…In his view, there was not enough evidence to show that the appellant was one of the robbers.…

…The Senior Resident Magistrate dealt with the evidence of Jamlick and Caroline as well as the defence as follows: “I have considered the defence evidence and any relevant material particulars.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…That the Trial Magistrate erred in Law by failing to give consideration to his defense evidence.”…

…He challenged the evidence of the complainant which he said was not enough to convict him.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…PW1 in his evidence admitted he had given the items to Appellant to use but said they were not to be removed from his compound.…

…The evidence of PW1 is to the effect that he had allowed appellant the use of the items. These items are such that with time they suffer from wear and tear.…

…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!…

…From the petitioner’s evidence, I am satisfied that the respondent was cruel to her. He absented himself from home so many times, and also drank heavily, and provided no financial or any other support to his family.…

…Rai Ply has prospered and there is no evidence that the petitioners’ moneys have been used in that project.…

…It would be futile on affidavit evidence to decide which way the truth lies but it is clear that most of the transactions were within the knowledge of the petitioners.…