Case law
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Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…
…Section3(2) of our Evidence Act provides: “ 3(2).…
Division and case type: CivilCivil Appeal
…The defendant did not offer any evidence. The only direct evidence on how the accident happened was given by James Odero Jowi who told the Judge – “I knew Joseph Nzioka Mwana. He was a driver of a fork lift.…
…She accepted this evidence and held the defendant liable. In the assessment of damages the learned Judge rejected the evidence of income of the deceased and the plaintiff’s claim that she had 5 children.…
Division and case type: CriminalCriminal Appeal
…Evidence on record revealed, that the clothes complained of as stolen and which were identified by the owner, were recovered from a store belonging to 1st appellant, and a house belonging to the 2nd appellant.…
…The evidence on record does not seem to point at the 1st appellant as one of those who stole the clothes. Rather, it was the recovery of clothes from his store, that must have caused his arrest.…
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: CivilCivil Case
…It was his evidence that the allegation of fraud lacked supporting evidence; while the allegations of violation of banking regulations and practice with regard to the accounts he opened lacked substance.…
…There is no evidence before me as to the position with regard to the remaining terms.…
Division and case type: CivilCivil Appeal
…We will call oral evidence to support the defence and counter-claim.”…
…Be that as it may, there is no evidence on record that any resolution was passed even going by the account given by the appellants.…