Search court decisions

…The Appellant did not challenge that evidence in his defence.…

…The Appellant's contention that the evidence of penetration required corroboration has been considered in light of section 124 of the Evidence Act, which permits a conviction for a sexual offence on the evidence of the complainant…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…On the admissibility of electronic and digital evidence, it was submitted that Section 78A of the Evidence Act provides for the same and Section 2 of the Evidence Act provides that the Evidence Act shall apply to all judicial…

…conversations took place; that there is no nexus and relevance between the purported electronic evidence as the plaintiff never spoke to such evidence during his evidence in chief, cross examination and re-examination and…

…producing this evidence.…

…on the evidence before it.…

…the party seeking to adduce the additional evidence.…

…(i)   The Court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filing gaps in evidence. The Court must find the further evidence needful.…

…party seeking to adduce the additional evidence.…

…(i) The Court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filing gaps in evidence. The Court must find the further evidence needful.…

…evidence on the other. 80.…

…The rule does not authorize the admission of additional evidence for the purpose of removing lacunae and filling in gaps in evidence. The appellate court must find the evidence needful.…

…Ground 2: Contradictory evidence not properly analyzed 40.…

…Ground 3: Electronic and digital evidence (CCTV) 42. The Appellant contended that the CCTV evidence was inadmissible as it contravened Section 78A of the Evidence Act Cap 80 Laws of Kenya.…

…, relying instead on circumstantial evidence. ; 5.…

…and the fact that the Respondents did not tender any evidence.…

…Section 78 (1) (d) of the Civil Procedure Act grants the court power to take additional evidence or to require the evidence to be taken.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…or to require the evidence to be taken. 16.…

…satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…Whether the trial court erred in admitting the WhatsApp messages in evidence. ii. Whether the trial court erred in failing to consider the Appellant’s testimony/evidence Admissibility of Electronic Evidence 18.…

…Section 78A of the Evidence Act provides that: - “78A.…

…or to require the evidence to be taken; e) ……………………………………….…….…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…In any case such evidence is not useful without cogent evidence of involvement of the devil.…

…The oral evidence was in consonance with all evidence on record. As regards Section 143 of the Evidence Act, it reassures that there is no number of witnesses required.…

…Lastly, it was stated that the Evidence Act, at section 34 thereof, permits the Court to admit such evidence. 5. The application was opposed.…

…The Appellant submitted that admission of such evidence would amount to allowing hearsay evidence.…

…to admit necessary evidence or the appellate court's need for further evidence to pronounce judgment or for other significant reasons. 12.…

…The Court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence. The Court must find the further evidence needful; x.…

…The evidence contradicts another piece of evidence when it says the opposite of what the other piece of evidence has stated, and not where there are mere discrepancies in details between them.…

…Two pieces of evidence contradict one another when they are inconsistent on material facts, while a discrepancy occurs where a piece of evidence stops short of or contains a little more than what the other piece of evidence…