Search court decisions

…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.…

…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.…

…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…

…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.…