Search court decisions

…The paucity of evidence on the mental element was, made up by what is clearly hearsay evidence.…

…Accordingly, the evidence narrated to the court about what the informant told the police was inadmissible as hearsay evidence and ought to have been rejected by the trial court. That evidence was not excluded.…

…She adopted her witness statement dated 19/6/2023 as her evidence in chief.…

…He adopted his written statement dated 9/10/2023 as his evidence in chief subject to amendments.…

…The witness was therefore working at a different location and his evidence on attendance of the Appellant was fabrication.…

…That the Appellant claimed he was terminated on 4th Janaury,2017 yet the Respondent evidence showed that he worked for 7 days last day being 21st January 2017 hence his evidence was not credible.…

…The evidence adduced was collaborated in material aspects by the evidence of an independent witness who was found by the magistrate to be honest and the evidence could therefore not be impeached. 2.…

…Mr Gatonye did not give hearsay evidence.…

…The Claimant averred that the Respondent did not attach evidence of stoppage of funding of the said project to justify the Grievants’ termination.…

…That the evidence of funding for the project to which they were was not requested for by the conciliator. The Respondent averred that it did produce the Henry M.…

…In evidence, the respondent called Upendra Patel the accounts manager who testified that the claims for underpayments and accrued arrears from March 2018 to 2020, such are time-barred by application of Section 90 of the Employment…

…Such a claim is unsupported by any evidence and only meant to extort money from the respondent. The monthly salary agreed by the parties was Ksh.250, 000 per month.…

…The claims that the claimant was sick are without evidence, and the claim should be dismissed with costs. The respondent called no witnesses.…

…Where indeed the claimant was employed by an independent contractor, the respondent, as the contracting party, must submit such evidence.…

…appeal is allowed but from which no appeal is preferred or from which no appeal is allowed, may within reasonable time, apply for a review of the judgment or ruling— (a) If there is discovery of new and important matter or evidence…

…In view of the foregoing, the Respodnent/Applicant has not demonstrated the existence of any error that is apparent on the face of the record, discovery of new or important matter or evidence, or that the ruling sought to…

…The issue of jurisdiction was decided, “on the evidence” before Golf, J.…

…It is immaterial whether the evidence is scanty or limited. Scanty or limited facts constitute the evidence before the court.…

…That medical evidence talks of beating in general yet from the evidence the deceased was beaten several times.…

…evidence of Crispo, Phillemon and Charles.…

…The Learned Magistrate erred in law and in fact misapprehending and disregarding the evidence on record and tendered by the appellant and/or failing to consider the said evidence in totality.…

…The evidence placed before the Trial Court by the Claimant was his NSSF statement.…

…The Evidence adduced 17. At trial the Appellant testified as CW1 and adopted his witness statement recorded on 19th September 2018 as his evidence in chief. 18.…

…It is trite law that as a general rule, documents must be proved by primary evidence, except where primary evidence may not be obtained without unreasonable delay, and secondary evidence may be adduced to prove the existence…

…The trial court erred in law and fact by arriving at a decision that was not supported by the evidence on record and law. Parties attended and agreed to address the appeal by way of written submissions.…

…The trial court analyzed the evidence and correctly held that there was an unfair termination of employment.…

…The evidence against the appellant was overwhelming as he was identified by the purchaser and an eyewitness to the theft. 2.…

…Then there was the evidence of Francis Lihanda alias Cisco (PW 19) who bought this lorry from the appellant in Western Kenya (Kisumu and Kakamega).…

…However, the applicant did not provide any prima facie evidence of such deductions, either through the payroll or pay slips.…

…The Claimant adopted the contents of the witness statement as her evidence in chief and had the documents admitted as her documentary evidence.…

…The witness urged the court to adopt the contents of his Witness Statement dated 8th May 2023, as his evidence in chief, and the Respondent’s documents filed herein as its documentary evidence.…

…The Respondent failed to provide evidence such as vouchers or clock-in records which could contradict the Appellant’s claims.…

…On the proceedings, evidence and case law counsel submitted that the learned magistrate delivered a Judgment in line with the proceedings by evaluating the evidence before him and adopted various established principles from…

…The Respondent’s Advocate, though present in court during the hearing chose not to cross-examine the Claimant on his evidence. The Claimant’s claim was thus undefended.…

…The Claimant produced in evidence various part time contracts of employment between himself and the Respondent issued in the year 2018, for various study units.…

…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…

…Such evidence was given on commission and taken down by commissioner who signed the document.…