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…see how those criminal proceedings which admittedly were not before Juma, J. could be included in the record of appeal without the applicant having obtained the prior leave of the court to adduce further our additional evidence…

…These include the discovery of new and important matters of evidence, on account of some mistake or error apparent on the face of the record, or any sufficient reason.…

…Being a discretionary power it has to be exercised on the basis of evidence. That is to say the Court must have a basis for ordering security for costs to be given.…

…Although the question of the conviction was not canvassed before us, we have assessed and evaluated the evidence on record and we are satisfied that the conviction is sound.…

…(They are neither facts nor new evidence) As they stand they are no more than mere allegations unsupported by evidence.…

…before us that the learned judge (Githinji J.) erred in striking out the defence and he propounded his argument on the basis that Order Vi rule 13(1) (a) of the Civil Procedure Rules does not allow the court to go into evidence…

…This court will not interfere with the findings of fact of the two lower courts unless it is clear that the magistrate and the judge have so misapprehended the evidence that their conclusions are based on incorrect bases:…

…The magistrate was duty bound after hearing the evidence to declare the position in law.…

…He contended that there was no evidence that there 1st ratoon was ever cultivated or event lost. He submitted that in the event that the damages were awarded, this was a proper case for nominal damages. 5.…

…Nor has he attached any other evidence to show that the appeal had been filed and it is still pending.…

…To this extent, we think Mr Gatonye is right as no evidence of professional undertaking was given by or on behalf of the mortgagee, the Housing Finance Company Ltd.…

…There was no evidence from the common advocate to show that the Sale Agreement was complied with up to the completion date.…

…On the contrary, we think they are fully justified by the evidence. We think therefore that there is no merit in this appeal. It ought to be and is accordingly dismissed.…

…therefore this court will, in the interest of justice to all the parties in the case, await production of the motor vehicle in question as an exhibit after the arresting officers, and the investigating officer give their evidence…

…No evidence was produced to show the steps so far taken to regularise the position and on this question I find that at the cancellation of the allocation of the plot the improvements thereon were illegal structures.…

…There in the Schedule will be found a provision that the Deputy Registrar must allow the reasonable expenses of a party who appeared in person at the hearing of an application or an appeal ( and those of witnesses who give evidence…

…alternative people presented as suitable “legal representatives”, one is not an appointed executor under the will, and another has been mentally ill, and although believed to have recovered we have not been furnished with evidence…

…alternative people presented as suitable “legal representatives”, one is not an appointed executor under the will, and another has been mentally ill, and although believed to have recovered we have not been furnished with evidence…

…It is in evidence, that the plaintiffs have been paying the agreed instalments on due dates and have not at any time defaulted.…

…The date of appropriation as I understood it from the evidence before me, is the date when the defendant says it set aside the principal amount of the loan for use by the plaintiffs.…

…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…

…I bear in mind that as at this stage I only have affidavit evidence that has not been tested under cross-examination.…

…There is no evidence that the 4th defendant had notice of any dispute between the shareholders of the first defendant.…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…