Judgment[1987] KECA 76
Case law
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Division and case type: CivilCivil Appeal
…The statement most applicable to this case is that when there is a matter of construction of a document and no question arises of calling evidence or of dealing with disputed facts, not only may a new point be taken, but…
…The evidence must all be on the record and the new point must not raise disputes of fact. The new point must not be at variance to the facts or case decided in the court below.…
Division and case type: CivilCivil Suit
…I say “incident”, because the manner of its taking place was disputed on the facts, Aganyanya Ag. J finding these in favour of the defendant (now the respondent) and he dismissed the action.…
…Obviously it was very material, in a case of this kind, with disputed facts, that the place where the incident occurred should be certain so that all the surrounding circumstances could be clear.…