Search court decisions

…In his evidence he asked that the defendant’s fence be removed to the line of the 1959 boundary.…

…After reviewing the evidence, the trial court decided that the proper line of the 1959 boundary was where the defendant had built his fence.…

…In such circumstances what is needed is other evidence, whether it be circumstantial or direct, pointing to guilt, from which a judge or jury can reasonably conclude that the evidence of identification, although based on…

…In the instant case, there were no other evidence, circumstantial or direct. The decision must turn on the need for testing with the greatest care the evidence of a single witness in respect of each appellant.…

…We have no direct evidence as to how the collision occurred.…

…Those mechanics could have given better evidence.…

…Evidence on that sub-division is not convincing. It is denied by both Defendants and there is no evidence of it on the relevant land register as should have been the case.…

…There is evidence of her occasional desertion of her husband making it difficult to find a cont8inuous period of more than 12 years. There is no evidence of adverse entry.…

…The defendant did not offer any evidence. The only direct evidence on how the accident happened was given by James Odero Jowi who told the Judge – “I knew Joseph Nzioka Mwana. He was a driver of a fork lift.…

…She accepted this evidence and held the defendant liable. In the assessment of damages the learned Judge rejected the evidence of income of the deceased and the plaintiff’s claim that she had 5 children.…

…On the issue of identification which is the real question for decision in this appeal, the evidence discloses that PW 1 was the only identifying witness as regards the first appellant Marie.…

…The trial court disregarded the evidence of identification.…

…The Respondent conceded in his evidence that since his marriage to the Petitioner, he has never heard sexual intercourse with the Petitioner.…

…She told the Court in her evidence that the Respondent had moved on with his life and that he was married to another woman.…

…But that is no evidence either that he is the one who stole them alone or with anyone else.…

…There is simply no evidence at all to support such a claim as a claim to special damages.…

…or that they are unsupportable on the evidence available on the record.…

…Where no evidence adduced the claim should be disallowed. It is very sad that the plaintiff was injured in this matter.”…

…I have considered the evidence both of the plaintiff and that of the defendant and came to above finding. 1st to consider the plaintiff’s own evidence in that she married Kungu she then moved onto the suit premises in 1963…

…When it was revealed in evidence that she was not teaching at St Paul in the sixties but seventies, she became tongue-tied.…

…In brief the evidence on behalf of the plaintiff is this.…

…They were unshaken and maintained their evidence.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…PW1 in his evidence admitted he had given the items to Appellant to use but said they were not to be removed from his compound.…

…The evidence of PW1 is to the effect that he had allowed appellant the use of the items. These items are such that with time they suffer from wear and tear.…

…It was the defendant's evidence that the seizure of thisvehicle by Triple One Auctioneers was wrongful and that thesale at shs. 950,000/= was undervalue.…

…Looking at the evidence on record we find that the areaof dispute is rather narrow.…

…Because of that denial it is incumbent upon the plaintiff to demonstrate by evidence that the services were indeed rendered and at the request of the defendant.…

…In view of what I have stated above and particularly the lack of evidence in support of the application, I am unable to find that the defendant’s defence is a sham as alleged by the plaintiff or at all.…

…The evidence which was accepted by the trial court was that the appellant attacked the complainant as he was walking home with his girlfriend shortly after midnight.…

…We have, like the trial and first appellate courts, analysed the evidence and are satisfied that the conditions in which the appellant was identified were most favourable and quite free from the possibility of error.…

…The learned judge summed up all the evidence in detail and explained the relevant law to the assessors. He tackled the evidence again in his judgment just as thoroughly.…

…He noted the absence of evidence from anyone who saw these killings so what the republic had put forward amounted to a confession apiece, since retracted, and circumstantial evidence.…

…However, the evidence he has adduced in support of his claim falls short of the required standard to warrant the grant of the orders sought.”…

…As far as grounds No 2 & 3 summed up above are concerned, these relate to matters of evidence.…

…Ogada is that the evidence of the prosecution witness was contradictory.…

…Ogada claimed the evidence was contradictory.…