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…On cross examination he stated that the wires were naked before he rented the premises and that the child had to be standing in order to touch the wires. 7.…

…JMK) versus Kenya Power and Lightning Company Limited {2020} eKLR to state that a statement of defence was insucient to rebut the evidence of a plainti and such evidence was not rebutted unless eectively displaced in cross…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…He testified in hisevidence in cross examination that he does not know who was driving thedefendants motor vehicle but the owner is the defendant. He further testifiedthat defendants driver was prosecuted by police.…

…This aspect was not put to her in cross-examination. The discrepancy here is that CPL Opiyo, the Investigating Officer, said the complainant told him she had been staying in and around Bungoma.…

…Both of them considered the appellant’s defence that he had purchased the land for Kshs 600/= and the house on it for Kshs 1,000/- from the complainant; a matter which she had denied in cross-examination.…

…Under cross-examination, PW 1 he identified Chacha at the parade but not during the robbery. All that meant that PW 2 was the sole identifying witness in so far as Chacha was concerned.…

…The trial Magistrate and the Judge erred in failing to hold that the prosecution had failed to dislodge the appellant’s cross-examination by the prosecution.…

…When it was suggested to him towards the end of his cross-examination that he could have been mistaken about the identity of the appellant he retorted: “I cannot mistake the accused for any other person.…

…The answer to this puzzle in this case comes from the cross-examination of these two witnesses.…

…In cross-examination Sarah was asked about Exh l the card - Pass-Book Certificate Account which indicates that Margaret was authorizing Meshack her husband to take the money.…

…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…

…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…

…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…

…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…

…The cross-examination of the process server by Mr Otieno for the defendants did not show anything substantial from which this Court could conclude that the process server was lying.…

…But if the fact of service is denied, it is desirable that the process server should be put into the witness box and opportunity of cross-examination given to those who deny the service.”…

…In the cross examination of the respondent, it was suggested to her that she owned plot No 133R Ongata Rongai and not plot No 133B Ongata Rongai.…

…In the course of cross examination of the second appellant, she said that she did not know where plot No 133 B and or 133 R was nor who occupied them, thus conceding that plot No 133 B could belong to the respondent and could…

…The plaintiff was subjected to searching cross-examination by the learned counsel for the first defendant. He stated that he was looking at the road, the road was straight and it was on a clear night.…

…On cross examination he stated that the wires were naked before he rented the premises and that the child had to be standing in order to touch the wires. 7.…

…JMK) versus Kenya Power and Lightning Company Limited {2020} eKLR to state that a statement of defence was insucient to rebut the evidence of a plainti and such evidence was not rebutted unless eectively displaced in cross…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…deal with any merits of the case for that is a function solely reserved for the judge at the trial as the court itself is not usually fully informed as to deal with merits without discovery, without oral evidence tested by cross-examination…

…His evidence is more complicated by his answers under cross examination when he said: “The driver went out of the motor vehicle and joined the lady officer and I saw the driver give her something. I knew it was money.…

…These letters had not been put to the plaintiff’s PW1 in cross-examination and were only introduced into the case after PW1 had left for Germany making his recall both expensive and impracticable.…

…Moreover, under cross-examination, she said that there were other persons in the appellant’s house, one of whom talked to her.…