Search court decisions

…There is no evidence that such leave was sought or granted. Mr.…

…Rumba Kinuthia, for the respondent, says that he sought leave verbally before the Judge but with respect there is no evidence on record to support this claim.…

…If the defendant calls no evidence then he has not discharged the onus on him of proving the contributory negligence pleaded by him. In the absence of such evidence the court cannot decide relative blameworthiness.…

…He had before him evidence to show that the appellant was guilty of the offence of causing death by dangerous driving.…

…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.…

…There were some differences in the signatures on the petty cash vouchers allegedly signed by the appellant and the learned judge, in our view, quite properly accepted the evidence of Isidora M.J.…

…Romsalves who was at the time of giving evidence no more in the employment of K.G.G.C.U. She had no axe to grind and her evidence was credit-worthy.…

…The learned state counsel Miss Ndirangu concedes that the appeal should not have been summarily rejected and she further drew our attention to there being no evidence of an expert witness in relation to the count on forgery…

…Section 352(2) aforesaid provides: "(2) where an appeal is brought on the ground that the conviction is against the weight of the evidence, or that the sentence is excessive, and it appears to a judge that the evidence is…

…Contradiction in the evidence of the 2nd respondent, which Simpson, CJ, had also noted, were on a very material issue.…

…With no evidence relating to her interest on record there was no foundation to form a basis for any appeal by her.…

…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.…

…(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.…

…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.…

…The Judge erred because there was no evidence before him that this case is so exceptional as to make it necessary for the provision for future inflation.…

…I would say it is a question of evidence and all the surrounding circumstances whether there has been loss of consortium or not. Each case would be judged on its own facts.…

…If the plaintiffs had not pleaded special damages they would not have been allowed to call any evidence in that respect.…

…court said: "In this connection it was the duty of the appellant to put before the judge through his pleadings the claim for shs.14, 151,650/70; though the appellant had an opportunity to amend his plaint before leading evidence…

…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.…

…Only the first respondent gave evidence in the superior court.…

…The following special damages were pleaded: Funeral Expenses Shs. 34000.00 Police abstract Shs. 100.00 Post Mortem report Shs. 100.00 Letters of Administration fees Shs. 15300.00 The first respondent stated in his evidence…

…There was no evidence before the Court to that eect and there were no evidence to show that the appellant was a party to the signing of Matiba’s nomination papers or even knew anything about them.…

…If there was such evidence it could have been used against the second respondent but certainly could not be used against the appellant. 43.…

…In assessing damages for pain suffering and loss of amenities the learned judge misapprehended the evidence in the crucial aspects of the sequelae of injuries and gave too much weight to Dr..…

…The learned judge recorded evidence from the appellant and his eye specialist Dr Ved, the respondent’s accountant, Andabwa and Aggarwal, another accountant, who has been analyzing date for the local cost of living index.…