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…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…

…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.…

…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…

…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.…

…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.…

…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.…

…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..…

…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…

…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.…