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…The evidence with regard to notice is that on september 8, 1986, the respondent notified the appellant in writing that if, the appellant, had neglected to pay the outstanding amount of shs.5,218,062.70.…

…was the case here, could not exercise the power of sale unless the appellant failed to comply within three months of the date of September, 8, 1986, with a ”further notice• served on him under sub-section (2) There is no evidence…

…It is possible that the Plaintiff’s claim may be correct, but that can only be proved after a full hearing of the matter where evidence is tendered to prove the allegations.…

…In this case, there was no ground for finding that the company had no basis for action and there is no evidence of oppression having in mind that the Appellant is still indebted to the Company putting his case at its highest…

…for the exercise of the power of mercy, the committee shall:- (a). determine the admissibility of the petition; (b). have all the necessary powers to determine the petition under this section, including: (i). calling for evidence…

…important to note in this connection, the main provisions of Article 50 (1) of the Constitution to have his case heard by an independent and impartial tribunal or body has not been impeached in anyway from the affidavit evidence…

…The court notes that Order VI rule 13 (2) provides “no evidence shall be admissible on an application under sub-rule 1(2) but the application should state the grounds on which it is made”.…

…No evidence is admissible on the precise application now being made. The court now refers to Order IV rule 1. The Marginal note is headed “institution of suit and issue of summons” (2 notes placed by the court.…

…Havi that despite what his client said about me I would obey the law and base my decision on evidence and the law.…

…He made a visit to the judge’s chambers without the opponent and when asked to make a formal application supported by evidence he did not.…

…On the evidence the defendant had no agent empowered to accept service. Therefore service of the summons had to be made on the defendant to the extent it was practicable. That is the ideal form of service.…

…There is no evidence at all that the Court Process Server ever tried to nd the defendant and it was therefore not open to the Process Server to conclude that the defendant could not be found.…

…With regard to the Appellant in Criminal Appeal No. 144/02 KAMANDE GACHIE KIEMBE, there was sufficient evidence against him to sustain the conviction.…

…He therefore argued that there was evidence that pleadings had not closed in this case as required by order XVI Rule 5.…

…The evidence of the barmaid and the manager absolved the appellant from the attack.…

…points on appeal to the effect that the lower court assumed that the complainant M/s Phoenix Publishers Company Limited held copyrights over the books in issue when in fact holding such rights was not proved by tendering evidence…

…before the court; that the substance and efficacy of the evidence the prosecution case was not fully brought out, and here stress was laid on the facts that those who printed the books did so on sight of valid print and…

…I have seen some correspondence and evidence that the plaintiff form time to time reached an arrangement with the defendant to liquidate the sum due and owing.…

…There is no evidence that plaintiff had referred the dispute on the boundary to the Land Registrar before he filed this suit.…

…The evidence available is mainly circumstantial. Before the suitcase mysteriously disappeared, both PW 1 and PW 2 had seen the appellant swinging it while at the door-step of the matatu near the Serena Hotel.…

…He also stated that there was no evidence that the estate was being wasted. Ms.…

…Ndagani 716 - was distributed and the 6th respondent produced evidence to show that he purchased 2 acres out of the parcel. 3. Mwajati Manani 4749 does not appear in the list of properties distributed.…

…He also stated that there was no evidence that the estate was being wasted. Ms.…

…Ndagani 716 - was distributed and the 6th respondent produced evidence to show that he purchased 2 acres out of the parcel. 3. Mwajati Manani 4749 does not appear in the list of properties distributed.…

…To the respondent and the interested party, the material before the respondent in respect of the application by the interested party to be registered as a Trade Union constituted sufficient evidence for the respondent to…

…Wade in his book on Administrative Law, 5th Edition, at pages 481 and 482: "............natural justice often requires the disclosure of reports and evidence in the possession of the deciding authority.…

…Counterclaim to be heard” The learned judge then proceeded to receive evidence in support of the counterclaim from the 1st respondent. No evidence was called from nor was any adduced by the 2nd respondent.…

…In absence of such evidence the suit was improperly dismissed under O.IXB rule 4(1) of the Civil Procedure Rules, as the facts fell outside its purview. We agree with Mr.…

…I wouldn’t say that in all her evidence the respondent denied what the appellant alleged against her in the petition.…

…Professor Acuda’s evidence that he met both parties in the case would tend to establish that the appellant’s complaint was actually of a marital nature.…

…I find that the evidence before me that liability has been admitted by the defendants at 85%. None of the parties mentioned whether the defendants No. 2 and 3 were prosecuted as stated in the plaint.…