Search court decisions

…His conviction depended upon two strands of evidence; first, the identification by the sole evidence of the complainant, and secondly the appellant’s possession of a stolen car two days after the incident in the area of Nairobi…

…Whether that is possible, depends upon clear evidence of identification apart from the parade.…

…There is therefore absolutely no evidence or prima facie evidence linking the 2nd accused to the death of the deceased. In the circumstances he cannot be called upon to defend himself.…

…All the police officers who testified in this trial did not confirm the evidence that they were given the description of the attackers.…

…Grounds 1 and 5 of the appeal have expressed the appellant’s disbelief over the acceptance of the sole evidence of the complainant about the incident as against the appellant’s evidence (unsworn statement ) and his action…

…The evidence of the sole prosecution witnesses to the incident, that is the evidence of the complainant, was fully corroborated by that of the other four Tanzanians who had contributed to the sum that was brought by the complainant…

…Mwakalamu supported that evidence in material particulars.Particularly the evidence that it was the deceased who went to pickup an axe to cut his father.…

…There was no evidence that Mwakalamu inflicted grievous or any harm to the deaseased. Such evidence as there was about anyone one striking the deceased related to another person.…

…Mwakalamu supported that evidence in material particulars.Particularly the evidence that it was the deceased who went to pickup an axe to cut his father.…

…There was no evidence that Mwakalamu inflicted grievous or any harm to the deaseased. Such evidence as there was about anyone one striking the deceased related to another person.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…As regards the evidence in support of the prosecution case the court below relied on the identification of the appellant by both PW 1 and PW 2.…

…The learned trial magistrate considered all the evidence before him and including the appellant’s defence and was satisfied on the basis of that evidence that it was the appellant who snatched the complainant’s property.…

…From the evidence of the complainant Patel (PW1) the appellant did not stop at the T-junction as he joined Kilunhga street. It would appear that the appellant was coming from the left-hand side junction.…

…The appellant in his evidence testified that he was on his correct side of the road when the complainant came driving on his wrong side of the road and hit him.We have now examined the evidence on record and it is clear that…

…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.…

…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.…

…There is no evidence by the complainant to prove that the same belonged to him.…

…in order for it to be proved and failure to bring medical evidence is not fatal to the case and the sentence was well merited.…

…Until such time as there is denite agreement on the issues at hand, such correspondence cannot be used as evidence against any of the parties.…

…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…

…In fact even where one accused gives evidence on oath such evidence must be regarded with extreme caution when it is to be used against a co-accused.…

…Nevertheless, the evidence against the appellant was overwhelming and when the second accused’s evidence is disregarded he still was correctly convicted on the evidence of recent possession of recently stolen properties and…

…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.…

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

…Those mechanics could have given better evidence.…

…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.…

…Also that the Trial Magistrate erred in relying on the evidence of PW 2, PW3 and PW4 and that the defendant evidence was disregarded. Finally that the sentence is harsh and excessive.…

…The evidence as to what happened at the scene is given by PW1, David Otieno. He said he was at the Mombasa Beach with his friend Magdaline Gakii. This lady was not called to give evidence at all.…

…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.…

…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.…