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.…

…Mwanajuma Adam Said (PW.4) is a close neighbour of PW. 2 and she supported the evidence of PW.2 that it was the appellant who took the radio to PW.2’s house.…

…That contention is untenable taking into account that the evidence of PW.6, if that evidence is to be believed.…

…In his evidence in Cross examination, Mr.…

…The trial Judge preferred the evidence of those who saw the testator to the evidence of Dr. Ahluwalia. The Court of Appeal agreed saying that the evidence of those who saw the testator was the best available evidence.…

…The Land Registrar, PW 3, gave evidence from his records.…

…We cannot detect any serious conflict between those two portions of the evidence.…

…Again the evidence on record both from the defence and the plaintiff confirm that this was the position.…

…However it came out from the evidence that this was an accepted practice. The rest of the issues No 4-7 deal with trust.…

…The learned magistrate considered all the evidence and accepted the evidence of the police officers with regard to finding of rounds of ammunitions in the coat at the house of the appellant.…

…It was not necessary to call the suspects for robbery who pointed out the house of the appellant unless the circumstances so required such evidence.…

…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.…

…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.…

…This evidence was not challenged.…

…Looking at the evidence as a whole, it is plain to us that the learned judge could not have come to any other conclusion than that the respondent’s account of the accident was the correct one.…

…That the Trial Magistrate erred in Law by failing to give consideration to his defense evidence.”…

…He challenged the evidence of the complainant which he said was not enough to convict him.…

…The same day he made a lengthy charge and caution statement to I/P Kipsang, which was admitted in evidence by the judge after a trial within a trial.…

…In his evidence, he emphasized that when he had examined the appellant on February 14, 1983, he was at that stage normal.…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…Section3(2) of our Evidence Act provides: “ 3(2).…

…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…

…Section3(2) of our Evidence Act provides: “ 3(2).…

…I have considered the evidence on the record and I am satisfied that the appellant was properly convicted.…

…On this evidence the participation in the offence by the appellant is in my view established and I find the conviction proper and it is unheld.…

…The evidence on record, clearly shows that the appellant went out to demand money with menaces while posing as a police officer. There was ample evidence to support the convictions on all the four counts.…

…From the evidence of the Plaintiffs only witness he statedwhen asked about an agreement:- "There must have been an agreement.It must be oral."…

…In order to prove that a theft had occurred, all the Plaintiffrequired to do is to produce the lower court file under section 34 of the Evidence Act.…

…That new matter in this case relates to fits suffered by the applicant as explained by medical evidence presented in the application . 3.…

…That new matter in this case relates to fits suffered by the applicant as explained by the medical evidence presented in the application.…

…It also is regarded to have admitted it unlawfully detained the motor vehicle for the whole period it remained in its custody, which according to the evidence was 231/2 days.…

…However no evidence was adduced as to what other companies charged. I have considered this matter carefully. Clearly, the plaintiff was denied the use of her car.…

…I have considered the evidence of Harun and the defence of the accused.…

…There was no evidence as to how he felt in the hospital during that period. However, taking it for a moment that this was a dying declaration, I propose to turn to the law on the point.…