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…or that they are unsupportable on the evidence available on the record.…

…Where no evidence adduced the claim should be disallowed. It is very sad that the plaintiff was injured in this matter.”…

…Section 200 of the Act provides for incoming magistrates taking over uncompleted trials by other magistrates but section 200 (4) specifically provides: “Where an accused person is convicted upon evidence that was not wholly…

…the case of Mwangi vs Republic [1983] KLR 522, this Court held that: “A retrial should not be ordered unless the appellate court is of the opinion that on a proper consideration of the admissible or potentially admissible evidence…

…Edith Nyambura Muchiri (DW1) gave evidence in support of the defendant’s counterclaim.…

…The plaintiff also did not offer any evidence to controvert the plaintiff’s case he relied on submissions by his counsel which can be accepted on points of law but cannot respond to facts.…

…She states in her evidence that respondent’s conduct has caused her a lot of damage and after the visit to the DC’s office they just returned to Angels Bay and did not get intimate – hence there was no consummation.…

…I recognize that parties are bound by their pleadings and I am unable to reconcile how in her evidence petitioner claims to have been tricked into marriage and she didn’t even release they had had a wedding, yet in her pleadings…

…She states in her evidence that respondent’s conduct has caused her a lot of damage and after the visit to the DC’s office they just returned to Angels Bay and did not get intimate – hence there was no consummation.…

…I recognize that parties are bound by their pleadings and I am unable to reconcile how in her evidence petitioner claims to have been tricked into marriage and she didn’t even release they had had a wedding, yet in her pleadings…

…In view of the foregoing and in the absence of any evidence of the alleged withdrawal of HCCC No. 35 of 1997, I find as a matter of fact that HCCC No. 35 of 1997 has not been withdrawn as alleged to date and the same is pending…

…OSMOND (Court of Appeal Civil Case No. 82 of 1998) and submitted that this was not a proper case to be determined on affidavit evidence.…