Search court decisions

…Reliance is placed on Section 78(1) of the Civil Procedure Act, which vests in an appellate court the power to take additional evidence or require such evidence to be taken, subject to prescribed conditions.…

…Counsel further invokes Order 42 Rule 27 of the Civil Procedure Rules, 2010, which restricts the admission of additional evidence on appeal save in limited circumstances, including where the court requires such evidence to…

…The plaintiffs herein have, as pointed out above, presented their evidence through PW1 to PW3. The defendant did not tender any evidence in support of their claim of entitlement to the ownership of the suit land.…

…Schulter Civil Appeal No. 23 of 1997, the court held that where a defendant does not adduce evidence, the plaintiff’s evidence is to be believed as allegations by the defence is not evidence. In CMC Aviation Ltd. vs.…

…It is therefore argued that the burden of proof under section 107 of the Evidence Act was not discharged and that the judgment was against the weight of the evidence.…

…oral and documentary evidence.…

…That contention is not based on the availed evidence and I am unable to agree with it. h.…

…That argument overlooks the totality of the evidence.…

…, expert evidence is to be given high regard by the courts, and unless there is congent grounds, that evidence ought not be rejected.…

…and follow it as it must form its own independent opinion based on the entire evidence before it, such evidence must not be rejected except on firm grounds.”…

…That the learned trial magistrate erred in law by failing to consider material evidence presented by the Appellant. g.…

…According to counsel, that finding was inconsistent with the documentary evidence on record.…

…Reliance was placed on Sections 107, 108 and 109 of the Evidence Act, chapter 80 of Laws of Kenya.…

…GSA/BULLA/1002 was registered in his name, receipts evidencing payment of annual plot rates.…

…Such evidence must however be relevant and of a nature that could have altered the judgement.…

…However, such evidence cannot be used to fix weak points, or fill up gaps in a party’s original case.…

…They also requested the court to disregard the authorities cited by counsel for the plaintiff as the facts in those cases were for introduction of new evidence that was not available before, and not evidence that had been…

…Parties have a constitutional right to adduce and challenge evidence under Article 50 (2) (k) of the Constitution 2010.…

…The essential requirement is cogency and credibility of the evidence, not whether it is viva voce or documentary. g.…

…The decisive issue is the sufficiency, and evaluation of the evidence, not the absence of viva voce testimony. h.…

…Counsel argued that this evidence demonstrated that the identity card used to obtain the allotment letter was fraudulent.…

…The appellant also produced receipts evidencing payment of registration fees and land rates from 1982 to 2020.…

…Invoking Section 112 of the Evidence Act, it was argued that the respondents failed to produce a beacon certificate or call evidence demonstrating the physical existence of Plot No. 153A.…

…Respectfully, this court is unable to agree that the evidence reached that threshold.…

…The Appellant’s own evidence was that at the time of registration, he was still in college.…

…This simultaneity was not explained as coincidental, nor was any evidence led to show that the two brothers were being settled differently in principle.…

…The appellant additionally contends that the finding of trust was unsupported by credible evidence and that the learned magistrate failed to properly evaluate the evidence placed before the court.…

…The trial court however, accepted the respondents’ evidence on occupation and utilization.…

…Whether there was evidence presented before the trial court, to prove that the respondent title to the suit property had been obtained through fraud or misrepresentation. c.…

…While considering the scope of Section 78 of Civil Procedure Act, Cap 21 Laws of Kenya, a court of first appeal can appreciate the entire evidence and come to a different conclusion.” b.…

…The evidence is that the plaintiff took possession of the portion of land in 1984 while it was still part of the larger parcel Ngariama/Ngiriambu/404 and developed it, per his evidence when the land was transferred to the…

…The connection has been disclosed through the evidence adduced.…

…The matter proceeded to a hearing, during which each party tendered evidence in support of their respective positions.…

…They argued that their mother’s allowance of occupation and possession evidenced such an intention.…

…The allegations of violations could be true but the court is enjoined by law to go by the evidence on record.…

…The petitioners’ allegations ought to have been supported by further tangible evidence such as medical records, witnesses…… the court is deal to speculation and imaginations and must be guided by evidence of probative value…

…The allegations of violations could be true but the court is enjoined by law to go by the evidence on record.…

…The petitioners’ allegations ought to have been supported by further tangible evidence such as medical records, witnesses…… the court is deal to speculation and imaginations and must be guided by evidence of probative value…

…He adopted his witness statement together with the plaintiff’s bundle of documents as his evidence in chief.…

…He however conceded that he had not produced receipts evidencing such payment.…