Case law
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Division and case type: CivilCivil Appeal
…With regard to absence of evidence of service of the order it is not disputed that no evidence to that effect is annexed to the affidavits in support of the motion.…
…There is no evidence at all of the person who served Mr Malakwen on 3rd November, 1993.…
Division and case type: CivilCivil Appeal
…At the hearing before the learned Judge, evidence was given by Fredrick Gachoka Njoroge (plaintiff No. 4) and one Kinuthia Githuri on behalf of the plaintiffs whilst the defendant gave evidence and called one witness.…
…She is the one who gave evidence that the piece of land belonged to the father. The fourth plaintiff giving evidence stated as follows: “The issue of Mbugua being a younger son was put to Mzee Kinuthia.…
Division and case type: CivilCivil Appeal
…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."…
Division and case type: CriminalCriminal Appeal
…He then took a statement under inquiry from the 1st Appellant which were admitted in evidence (ex. 56).…
…We are in great difficulties in accepting the evidence of Yunis that he could see or recognise any of the said intruders.…
Division and case type: CriminalCriminal Appeal
…He then took a statement under inquiry from the 1st Appellant which were admitted in evidence (ex. 56).…
…We are in great difficulties in accepting the evidence of Yunis that he could see or recognise any of the said intruders.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalMiscellaneous Criminal Application
…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.…
Division and case type: CivilCivil Case
…However I am doubtful of its probability of success as I am not seised of the evidence of the case nor am I aware of the law forbidding the members from requiring their officials to conform to the laid down rules by a court…