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…From the evidence of the Plaintiffs only witness he statedwhen asked about an agreement:- "There must have been an agreement.It must be oral."…

…In order to prove that a theft had occurred, all the Plaintiffrequired to do is to produce the lower court file under section 34 of the Evidence Act.…

…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.…

…No doubt, this pleading aimed at reliance on section 47A of the Evidence Act (cap 80); but the theft by Moses Aila is not denied as such by the second respondent.…

…The parties then agreed on a statement of facts, and having called no evidence, put forward their arguments.…

…The statement is not required to contain the evidence which has come to the knowledge of the Governor and which it may be against the public interest to disclose.…

…In such a case the court has to base its decision on the evidence of the detainee assessing his credibility, knowledge and intelligence, a far from sound basis on which to make a finding of invalidity.…

…The Titles presented by the Petitioner were fake and forged, with no evidence as to how the Petitioner acquired them.…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

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

…The learned judge recorded evidence from the appellant and his eye specialist Dr Ved, the respondent’s accountant, Andabwa and Aggarwal, another accountant, who has been analyzing date for the local cost of living index.…

…Regarding the confinement of the petitioner at a prison facility, the respondent contended that the section 43(2)(b) of the KCIA provides an alternative to a holding facility and further that there was no evidence tendered…