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…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.…

…Until such time as there is denite agreement on the issues at hand, such correspondence cannot be used as evidence against any of the parties.…

…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…

…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."…

…That there are no grounds of appeal enclosed andno where in the affidavit is there evidence showing that ifthis order is NOT made the appeal will be nugatory. Mr. Gikandi together with Mr.…

…If there isno evidence of substantial loss to theapplicant it would be a rare case when anappeal would be rendered nugatory by someother event.…

…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.…