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…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…

…Secondly, the Plaintiff did not understand why the learned Judge failed to consider its case against the Second Defendant, and ignored the evidence and contentions of fraud on the part of the Second Defendant.…

…It is a fact in issue, or explains the Plaintiff’s possession, as an exception to Sec 46 of the Evidence Act (Cap 80).…

…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.…

…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…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…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…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…He hoped that the trial judge would listen to him, re-hear the case and give the appellant his own judgment upon the evidence.…

…The appellant company commenced business on this capital, and its chairman and director, Mr Shah, explained in evidence, that in 1979 there was no overdraft; its account reflected a credit balance.…

…It seems to me that while the proceedings in the High Court, in calling evidence were suspicious, in view of the fact that section 86(2) of the Income Tax Act provides that the appeal to the High Court shall be on matters…

…The superior court’s findings ………… The learned superior court Judge analysed, and we must say admirably so, the documentary evidence placed before him, together with the submissions of counsel.…

…The learned trial Judge erred in law and in fact in holding that the consignment of sugar arrived “hopelessly out of time” and “reasons for delay were unknown” when no such evidence was presented before him. 5.…

…Neither party shall be limited in proceedings to evidence or arguments put before Acres nor shall Acre’s decision disqualify him from being called as a witness and giving evidence before the arbitrator(s) on any matter relevant…

…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.…

…The appellant appealed to the superior court against both conviction and sentence and also filed an application under section 358 of the Criminal Procedure Code for leave to adduce additional evidence at the hearing of the…

…Mr Sampson had this to say:- “I asked the Plaintiff to produce the Ramtu Commission Report in evidence before me if he wanted to rely on it. He was unable to do so and eventually gave up his claim based on that Report.”…

…We understand that this letter has since been amended to cover the remittances of the loan and interest without having to produce evidence of receipt of machinery into the Country in an approved manner.…

…It was not in dispute as evidenced by correspondence exchanged between the parties (supra) that contractual, duciary or retainer relationship existed between Mr Keith and the individual clients as their common advocate.…

…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,…

…Rai Ply has prospered and there is no evidence that the petitioners’ moneys have been used in that project.…

…It would be futile on affidavit evidence to decide which way the truth lies but it is clear that most of the transactions were within the knowledge of the petitioners.…