Search court decisions

…The appellant concluded that the cumulative effect of the inconsistencies in the prosecution evidence, the manner in which the complainant’s evidence was received and evaluated, the deficiencies in the medical evidence, the…

…Having evaluated the evidence in its entirety, including the complainant’s testimony, the medical evidence and documentary exhibits, together with the evidence of the other prosecution witnesses, this Court finds that the…

…The appellant stated that the certificate under section 78 of the Evidence is mandatory and without it, the evidence is inadmissible.…

…The inconsistency in her evidence was material as to render the entire evidence on identification worthless.…

…The evidence must be credible in the sense that it is capable of belief; f. The additional evidence must not be so voluminous making it difficult or impossible for the other party to respond effectively; g.…

…The Court must be satisfied that the additional evidence is not utilised for the purpose of removing lacunae and filling gaps in evidence. The Court must find the further evidence needful; j.…

…; that the new evidence could not have been obtained with reasonable diligence for use at the trial, Appellant/Applicants could not have produced the new evidence at he time of the trial proceedings; that the new evidence…

…The court must find the further evidence needful. A party who has been unsuccessful at the trial must not seek allowing the additional evidence.…

…of the evidence adduced on record and the Appellant’s written submissions, thereby arriving at the wrong finding not supported by the evidence on the record and the law. 9.…

…On failure to consider material evidence, the Appellant contended that the trial court erred in finding that no valuation report or evidence of sale had been produced.…

…Any attempt to bring in new evidence will be to the detriment of the Respondents. He urged that the Application be dismissed. 4. The Law of Succession Act does not make provision for leave to file additional evidence.…

…The rule does not authorize the admission of additional evidence for the purpose of removing lacunae and filling in gaps in evidence.…

…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…

…The Court must find the further evidence needful.…

…It is further submitted that, the circumstantial evidence relied on failed to meet the threshold of such evidence.…

…Such evidence can form a strong basis for proving the guilt of an accused person just as direct evidence.…

…as she said in her own evidence.…

…of rape or by circumstantial evidence.”…

…The 3 rd respondent cites section 106B of the Evidence Act which sets out the threshold for admissibility of electronic or digital evidence.…

…Admissibility of electronic and digital evidence (1) In any legal proceedings, electronic messages and digital material shall be admissible as evidence. (2) The court shall not deny admissibility of evidence under subsection…

…The age proved by documentary evidence remains conclusive. 14.…

…The evidence of PW3, the clinical officer, was clear and specific.…

…or to require the evidence to be taken; 12.…

…The rule does not authorize the admission of additional evidence for the purpose of removing lacunae and filling in gaps in evidence. The appellate court must find the evidence needful.…

…into evidence was lacking.…

…to be called for the purposes of the appeal are: (i) the evidence that it is sought to call must be evidence which was not available at the trial; (ii) it must be evidence relevant to the issues; (iii) it must be evidence…

…In Ramanlal Trambaklal Bhatt v Republic [1957] EA 332 , the court stated that a prima facie case is not made out by a mere scintilla of evidence or worthless evidence; it must be evidence on which a reasonable tribunal, properly…

…PW4's evidence as to what Fred and Asenath allegedly told him was not direct evidence of those facts.…

…Section 78(1)(d) of the Civil Procedure Act empowers an appellate court to take additional evidence or to direct that such evidence be taken.…

…Further, Order 42 Rules 27 - 29 of the Civil Procedure Rules set out the circumstances under which such evidence may be admitted.…

…evidence.…

…defence evidence was not properly considered.…

…Medical evidence is ordinarily the best evidence for proving the nature and extent of bodily injuries. The evidence of PW2 was neither challenged nor contradicted by any expert evidence from the defence. 27.…

…The medical findings further reinforced their evidence.…

…There is no evidence that is independent of PW2. The rest of the evidence was hearsay. This was inadmissible evidence. Consequent upon the foregoing, there is no evidence to analyse. 4.…

…There is direct evidence having the Appellant as the thief. Was there circumstantial evidence? Circumstantial evidence must be inconsistent with the accused’s innocence.…

…The evidence goes to the heart of the dispute. 21.…

…obtained earlier and that the evidence is crucial to the case’s determination.…