Search court decisions

…He denied the offence and said the evidence of PW1 was false. During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…The prosecution case was dependent on the evidence of PW1.…

…The defendant did not offer any evidence. The only direct evidence on how the accident happened was given by James Odero Jowi who told the Judge – “I knew Joseph Nzioka Mwana. He was a driver of a fork lift.…

…She accepted this evidence and held the defendant liable. In the assessment of damages the learned Judge rejected the evidence of income of the deceased and the plaintiff’s claim that she had 5 children.…

…Evidence on record revealed, that the clothes complained of as stolen and which were identified by the owner, were recovered from a store belonging to 1st appellant, and a house belonging to the 2nd appellant.…

…The evidence on record does not seem to point at the 1st appellant as one of those who stole the clothes. Rather, it was the recovery of clothes from his store, that must have caused his arrest.…

…There was evidence that at the time the deceased is alleged to have dictated the Will he was quite ill and could not walk without support.…

…He did not call evidence to exclude the possibility of him having unduly influenced the deceased to will his property to him."…

…(c) Costs of this suit together with interest thereon at court rates;” However, the evidence led on behalf of the respondent at the ensuing trial, was to explain the somewhat confused claim contained in the amended plaint…

…The evidence given by the appellant at the trial followed these lines. We think that at this stage, we can again express our view on another important issue.…

…It was his evidence that the allegation of fraud lacked supporting evidence; while the allegations of violation of banking regulations and practice with regard to the accounts he opened lacked substance.…

…There is no evidence before me as to the position with regard to the remaining terms.…

…We will call oral evidence to support the defence and counter-claim.”…

…Be that as it may, there is no evidence on record that any resolution was passed even going by the account given by the appellants.…

…However, when trial opened before the High Court, the appellants admitted negligence and the learned judge was not troubled with any evidence or argument on that issue.…

…After listening to and weighing the evidence presented to him, the judge, in a full and well reasoned judgment, awarded damages to the respondents under the two Acts.…

…You will be tried later in another Court before a Judge and assessors, where witnesses will give evidence and you will be allowed to question them.…

…You will then be allowed to make a statement or give evidence on oath and call your witnesses. If you wish, you may say something now either on oath or not on oath.…