Judgment
Case law
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Division and case type: CivilCivil Appeal
…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 plaintiff alleged that Moses Aila an employee of the second defendant stole the plaintiff’s goods (and his conviction would be conclusive proof under section 47A of the Evidence Act (cap 80)), and that this theft occurred…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…
…In proving such African customary law opinion evidence is admissible under s. 51 of the Evidence Act, 1963, and in accordance with s.60 (2) of that Act, it may also be proved by the production of a book or document." 30.…
Division and case type: CriminalCriminal Appeal
…The Evidence Act (section 124, cap 80).…
Division and case type: CriminalCriminal Case
…The Evidence Act (section 124, cap 80).…
Division and case type: CivilCivil Case
…Section 107 of the Evidence Act Cap 80, Law of Kenya provides as follows: “Burden of Proof “107 (1) Whoever desires any court to give judgment as to any legal or liability dependent on the existence of facts which he asserts…
Division and case type: CriminalCriminal Appeal
…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.…