Search court decisions

…The appellant was represented in the lower court and made no effort to call medical evidence.…

…That is obviously correct, but we would go further and point out, as Mr Mbuthia also pointed out to us, that even the medical evidence brought by the prosecution did not support their general theory that Tabitha died from…

…The same treatise further shows that the issue of testators capacity is one of fact which can be proved by medical evidence, oral evidence of the witnesses who knew testator well or by circumstantial evidence and that the…

…There is no medical evidence to rebut the evidence of Mr. Njore and Mr Gitaka that deceased was mentally fit to execute the will on the morning of 19.1.88.…

…This is clear from his own testimony and from medical evidence.…

…investigations about the used and unused cartridges etc, and whether or not the gun tested by the ballastic expert was the same gun which was recovered as a result of the 3rd accused’s information and the failure to adduce proper medical…

…evidence.…

…She has, I understand from the medical evidence, recovered to be as well as she will ever be.…

…The medical evidence shows that the plaintiff’s complaints for which he is justified in seeking compensation are loss of the right leg and the consequential inability to work or use the leg.…

…Turning to the challenge that the cause of death was not properly established and that the ingredients of the offence of murder were not present, after evaluating the medical evidence as reflected in the postmortem report…

…In a judgement which ran into twenty pages of typescript and which is difficult to fault, the learned Judge summarised the 1st respondent’s injuries and related the medical evidence and the prognosis of the 1st respondent…

…He was not prepared to question the medical evidence as to the extent and severity of the 1st respondent’s injuries nor the rather dismal prognosis made by the doctors.…

…Regarding the conclusion by the trial court that the complainant had some injury in her reproductive or urinary system, the learned Judge found that to be a factual conclusion by the trial court borne by medical evidence…

…First he said if the knife would penetrate the heart, as the medical evidence showed, the deceased would not have been capable of uttering the words attributed to him.…

…That medical evidence talks of beating in general yet from the evidence the deceased was beaten several times.…

…The medical evidence did not establish which blow caused the fatal injury or that both blows were fatal.…

…Some support for these claims is to be found in medical evidence.…

…As we have observed, he was not so meticulous regarding the necessity of calling medical evidence on all those trials within trials.…

…There may be cases where medical evidence may be misleading enough to enable one judge to grant such leave but when correct medical data may be brought forward by the defendant, the picture may drastically change.…