Case law
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Division and case type: CivilCivil Appeal
…In this respect I would refer to ss.13 and 51 of the Evidence Act which read: 13.…
…For nearly eighteen (18) years hence, there is no evidence of any conjugal relationship between the deceased and the rst appellant. Indeed, since 1972 there was no evidence of such relationship.…
Division and case type: CriminalCriminal Appeal
…Replying to grounds 2 and 3 Miss Ngugi did not dispute that the conviction was based on circumstantial evidence.…
…For a reason which will emerge later we do not propose to enter upon a detailed discussion of the evidence.…
Division and case type: CriminalCriminal Appeal
…The appellant’s Memorandum of Appeal does not limit itself to those two grounds, namely that the conviction is against the weight of the evidence or that the sentence is excessive.…
…advocate, Mr Owuor, submitted one witness was an accomplice for which that Court of Appeal could find no evidence to support that submission.…
Division and case type: CriminalCriminal Appeal
…Secondly, it is desirable that the court admits only evidence which is admissible in law, and what is admissible in a substantive offence and in a conspiracy may cause confusion.…
…The reason is that it renders admissible evidence of what one prisoner says in the absence of the others, because if they are all conspirators what one of them says in furtherance of the conspiracy could be admissible evidence…
Division and case type: CivilCivil Appeal
…(c) Costs of this suit together with interest thereon at court rates;” However, the evidence led on behalf of the respondent at the ensuing trial, was to explain the somewhat confused claim contained in the amended plaint…
…The evidence given by the appellant at the trial followed these lines. We think that at this stage, we can again express our view on another important issue.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…Firstly, that the issues being raised by the appellant were neither new nor compelling evidence as the issues had been raised and addressed by the Court of Appeal during the hearing of Criminal Appeal No. 363 of 2006.…
…In support of these submissions the respondent cited Maharaj v Attorney General of Trinidad and Tobago (supra), and urged the Court to dismiss the appeal. [25] The evidence that was before the High Court in support of the…
Division and case type: CriminalCriminal Appeal
…On the contrary, we think they are fully justified by the evidence. We think therefore that there is no merit in this appeal. It ought to be and is accordingly dismissed.…
Division and case type: CivilCivil Appeal
…It was contended for the company that the evidence showed that the proposed second petition would clearly be an abuse of the process of the court.…
…The timing of the advertisement was not only unfortunate but evidence of malice on the part of the petitioner, coming as it did after Mr Panesar had been away from Kenya and on the very day that he returned from Japan.…
Division and case type: CivilCivil Appeal
…alternative people presented as suitable “legal representatives”, one is not an appointed executor under the will, and another has been mentally ill, and although believed to have recovered we have not been furnished with evidence…