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…It would seem that such finding was made on the basis of the evidence of the mother.…

…Medical evidence, if sought to be adduced, ought to be so done with propriety and not in such slipshod manner. The doctor who examined the complainant should have been called to adduce proper evidence.…

…He said besides lack of evidence that it is the appellant who laced the tea in the thermos flask with poison, there was no evidence to corroborate that of the two minors.…

…read the record of appeal and re-evaluated the evidence on record.…

…There was no other evidence of any other kind whatever against the appellant.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The issue of law of this second appeal is whether there was evidence to prove the several charges. 2.…

…The point was made that there is evidence of false documentation. 8. Evidence was given by Kimani (PW1) that on 21st December, 1987 he allowed vehicle registration mark KWR 463 to enter the silos at Nakuru.…

…That is the evidence relating to the offence of demanding with menaces.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…In his view, there was not enough evidence to show that the appellant was one of the robbers.…

…The Senior Resident Magistrate dealt with the evidence of Jamlick and Caroline as well as the defence as follows: “I have considered the defence evidence and any relevant material particulars.…

…The elders considered the evidence on behalf of the plaintiffs, that the land was registered in the appellant’s name, although it belonged to his father, and that none of the parties was said to have bought the land.…

…The record shows that the elders heard and considered the defendant’s (appellant’s) evidence that he had purchased the land.…

…The applicant has tried to introduce additional evidence before us to show that judgment had been entered.…

…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…

…It seems to me it might be possible for the two sides to agree a bundle of documents and to submit such bundle to you and to me without the necessity of giving evidence which will save considerable expense in this matter”…

…But does the evidence in this matter also show that the appellant has acted in any way that would justify a Court setting aside an agreement, with respect to the consent order of stay of proceedings? We would say no.…

…irregularities of the arbitration and requested the arbitration to be conducted by another District Officer.Mr Chadialy for the respondent argued that review could only be based on discovery of new and important matters of evidence…

…award could have also been set aside under rule 15(1) (b) as the arbitrator misconducted themselves by allowing the proceedings to commence and in the end made an award that affected parties who were not before them to give evidence…

…The evidence of the three witnesses for Gathigia were not taken into account, none of the elders had reached the decision which the Chief recorded and some of them went and reported this to the District Officer, Mathira.…

…There seems to have been no affidavit or evidence in any other form in reply to all this. When this summons came before the judge Mr Ngubuini appeared for Gathigia and Mr Ole Kaparo for Ruchathi.…

…Firstly, there is prima facie evidence that suit plots are public land. I say that they are public land because of the involvement of the 1st Respondent in the contested exercise.…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…There was also a record of their agreement dated April 17 1980, witnessed by Mr Samuel Wang’ondu who gave evidence on behalf of the respondent.…

…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..…

…Then it was that Mr Justice Cockar at Nyeri recorded evidence from Mwotia who added little to the details of his counterclaim save that the government gave him permission in 1960 to build on his portion and on January 17,…