Search court decisions

…She adopted her witness statement dated 19/6/2023 as her evidence in chief.…

…He adopted his written statement dated 9/10/2023 as his evidence in chief subject to amendments.…

…The Court has considered the pleadings, evidence and submissions. Employment relationship 7. The Claimant asserted that the Respondents employed her in 2016 as a Finance Director.…

…Where there is no formal contract, it is open to the Court to look at secondary evidence to ascertain whether there was in existence an employment contract. 11.…

…It is the 1st Respondent’s submission that the letter dated 13th July, 2015 annexed as document No. 4 of the Claimant’s list and bundle of documents dated 29th November, 2019 does not constitute sufficient evidence to prove…

…Upon careful consideration of the pleadings, the evidence adduced, witnesses’ testimonies and the 1st Respondent’s written submissions, the following issues crystallize for determination:- i.…

…There is no record or evidence of treatment and such costs. In any event, the purpose of these proceedings is single and specific—the enforcement of the Director's award.…

…The Claimant states that the payment of Gratuity and Notice was already determined by the Court based on the evidence of the 2nd Respondent (MEE1).…

…The Court did not find the Claimant was not entitled to gratuity, and thus gratuity was upheld as per the 2nd Respondent’s evidence.…

…The evidence on record was not addressed, particularly the fact that the respondent deserted duty without good cause.…

…The respondent contradicted himself in his evidence and failed to demonstrate that his employment had been unfairly terminated.…

…Failing to consider the pleadings and evidence and occasioning miscarriage of justice. Failing to evaluate the entire evidence and submissions and hence arrived at an erroneous Judgment.…

…It is simply evidence of the performance by candidates.…

…The Court has considered the pleadings, evidence and submissions. Unfair termination of employment 8. The Claimant was employed by the Respondent on 27 December 1991 as an Accounts Clerk.…

…It is submitted that the Appellant did not submit any evidence to the court to prove that the Respondent was no longer fit to work.…

…This being a first appeal, I am obliged to evaluate, re-assess and re-analyze the evidence on record to determine whether the conclusions reached by the learned trial magistrate were justified on the basis of the evidence…

…That res judicata bars future suits when a case is resolved based on evidence and facts.…

…However, contrary to the claimant’s submission that judicial review does not involve contested matters of evidence it does, and evidence is by affidavit with annexures as appropriate, analogous to a cause.…

…Where a party has custody or is in control of evidence that party refuses and or fails to produce to ascertain a particular fact, the court is entitled to make an adverse inference that if such evidence were produced, it…

…However, considering the length of service of the Respondent and the evidence tendered in support of the claim, the award as granted by the trial Court was proper.…

…The Court has reviewed and considered the pleadings, evidence and submissions by Counsel in the matter and is of the view that the only issue for determination is whether the claimant was a member of the Respondent and if…

…Finally, in Daniel Toroitich Arap Moi V Mwangi Stephen Mureithi & Another the Court of Appeal stated: Submissions cannot take the place of evidence. The 1st respondent had failed to prove his claim by evidence.…

…Submissions, we reiterate, do not constitute evidence at all. Indeed, there are many cases decided without hearing submissions but based only on evidence presented.…

…Evidence 3. The claimant called William Muriuki, who testified as CW1 and adopted his undated witness statement as his evidence in chief and produced 13 documents in the bundle dated 24/5/2024 as exhibits.…

…It was further argued that the claimant failed to prove by evidence that he never took his leave and off days. 32.…

…demonstrate substantial loss is the corner stone of the court’s jurisdiction to grant a stay of execution and a look at the Appellants’ application in contrast and/or against the annexure marked “JWMK-1” above do not reveal any evidence…

…the instant appeal by the Appellants was by any chance to be allowed by this honourable court. f) THAT it is actually inconceivable and disingenuous on the part of the Appellants to allege without tendering any material evidence…

…It is submitted for the Petitioner that the Preliminary Objection taken out by the Respondents is argumentative and too convoluted with factual issues which calls for examination of evidence, which disqualifies the same from…

…and admission into the payroll of employees of the 1st Respondent or the failure to confirm and admit them to the payroll, are no doubt questions of facts that require that facts are ascertained through the examination of evidence…

…CW 1 (the Claimant) testified and adopted the documents filed before the court as evidence in chief.…

…It was his evidence that he was never given a hearing or a notice to show cause. 6.…

…Evidence may unravel that transaction. 15.…

…Before hearing evidence, the Court cannot tell whether all the Respondents would all be liable to the Claimant, if at all. 19.…

…failure by the Respondent to hold a physical hearing of the Applicant’s appeal cannot be equated to the assumption that the Applicant was not given an opportunity to be heard, as the Respondent considered the letter and the evidence…

…It has always proceeded on documentary evidence. 20 The Applicant cannot be allowed to hold the Respondent at ransom by asserting that he cannot be transferred from Voi to any other station. 21 The Respondent further stated…