Search court decisions

…He hoped that the trial judge would listen to him, re-hear the case and give the appellant his own judgment upon the evidence.…

…In the face of this kind of evidence, we cannot see what possible defence was open to the appellant.…

…The evidence which was before me which had not been controverted by the applicants was that only doors had been pulled down. Consequently I made an appropriate order as to their replacement.…

…This court took the liberty under Section 50 of the Evidence Act to analyze the purported signatures.…

…This court must also address the issue of conicting evidence produced by the parties concerning whether or not the 1st, 2nd and 3rd respondents were actually present when the Applicant was denied access to the suit property…

…Rashid Matanko the father of the plaintiff gave sworn evidence. He said that the plaintiff was born on the January 5,1973 and she started school in 1979.…

…Dr Sande’s conclusions were as follows: “Miss O[minor suffered a severe brain injury as evidenced by prolonged unconsciousness. This degree of brain injury is recognized as a cause of intellectual impairment.…

…Secondly, the Plaintiff did not understand why the learned Judge failed to consider its case against the Second Defendant, and ignored the evidence and contentions of fraud on the part of the Second Defendant.…

…It is a fact in issue, or explains the Plaintiff’s possession, as an exception to Sec 46 of the Evidence Act (Cap 80).…

…It was contended for the company that the evidence showed that the proposed second petition would clearly be an abuse of the process of the court.…

…The timing of the advertisement was not only unfortunate but evidence of malice on the part of the petitioner, coming as it did after Mr Panesar had been away from Kenya and on the very day that he returned from Japan.…

…Firstly, there is prima facie evidence that suit plots are public land. I say that they are public land because of the involvement of the 1st Respondent in the contested exercise.…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…No oral evidence was considered necessary as the facts were not in dispute. The deceased died intestate leaving behind a widow and children.…

…We were told from the bar that the widow was initially the legal representative of the deceased's estate, but no evidence or that fact was presented to us nor can we find any on record. we, however, have on record a copy…

…There is no evidence on record to show that this was done and for that reasons what is stated in Mr. Salim Danji's affidavit is not only vague and evasive but also devoid of substance.…

…There is no evidence whatsoever that notice of presentation of the petition was at any time served upon the 2nd respondent.…

…In Wanjema v Rep [1971] EA 493 which was a case on causing death by dangerous driving, and in which it was pointed out that imprisonment was only appropriate where there is some element of deliberate risk taking or evidence…

…However, a triable issue, must, to my mind, mean an issue which would require the adduction of evidence to resolve it. The issues raised above are not in that category.…

…The existence of this dispute over the siting of their manager’s house is clear evidence that the partners have fundamentally disagreed and that the dissolution of the partnership is the only available solution.…

…This paragraph in my opinion, is no more than a gratuitously volunteered indication supplied by the respondent of the evidence upon which he proposes to rely in support of his defence that he is not indebted to the appellant…

…The appellant company commenced business on this capital, and its chairman and director, Mr Shah, explained in evidence, that in 1979 there was no overdraft; its account reflected a credit balance.…

…It seems to me that while the proceedings in the High Court, in calling evidence were suspicious, in view of the fact that section 86(2) of the Income Tax Act provides that the appeal to the High Court shall be on matters…

…You look at the laws of Kenya and you find no discrimination against children’s evidence on mere grounds of the children being young.…

…Subject to the rules of corroboration in certain circumstances, and corroboration may also apply to the evidence of certain adults, there is no difference in evaluating the evidence of the old and of the young.…

…court ought not to deal with any merits of the case for that is a function solely reserved for the judge at the trial as the court itself is not usually fully informed as to deal with merits without discovery, without oral evidence…

…An application was certainly filed on 26th February, 1982 but there is no evidence before us (there was none before the Superior Court) of the contents of that application.…