Search court decisions

…The evidence from the Ministry of Labour, Mombasa: It was given by Mr Francis Gitau who is incharge of workmen’s compensation.…

…My conclusions on this issue: I am satisfied on the basis of the evidence that the plaintiff must have been engineered and coached to give the evidence intended to exculpate the 1st defendant.…

…The appellant was represented in the lower court and made no effort to call medical evidence.…

…This statement was not tendered in evidence in the instant case and the learned magistrate had no right to consider it.…

…The complainant was not staying in that house and she stated in her evidence that there was another school boy called Charo who was looking after the house for her.…

…That boy was not called to give evidence and say how the property of PW.1 were removed from her house. As Mr. Metho also rightly points out, there was no certain and clear evidence that the house in which Sgt.…

…From the recorded evidence it is clear that Paul Kichikiro Meliki (DW.2), the father of the Appellant, sold his piece of land in 1969 to the complainant Fredrick Ngaluma (PW.2).…

…The Appellant was apparently not present at home when the sale took place, but it is clear from the evidence that PW.2 eventually had himself registered as the owner of the land.…

…As a first appellate Court we are entitled to re-evaluate the evidence given in the High Court.…

…The evidence is that as he was alighting from the tractor in a hurry he slopped and fell. I do not see any difference in substance therein.…

…That the agreement was for only Kshs.7,000/= which was demanded, that a relative is not precluded from giving evidence as in marriage ceremonies.…

…The duty of this court on appeal is to re-evaluate all the evidence on the record and decide whether the conclusions reached by the learned trial magistrate are to stand or not.…

…To the Court his evidence was that he was a livestock trader which entailed buying cattle from markets in his home district and taking them for sale in Nairobi.…

…It is in evidence herein that on the material date he was taking 7 head of cattle for sale in Dagoretti in Nairobi.…

…There was clear and uncontradicted evidence to the effect that both, the charged quantity of cannabis sativa and the toy pistol were found in the house from which appellant emerged and fled away from the 2 Policemen who were…

…It was also in the evidence of the prosecution that the Policemen searched the house immediately after the appellant had escaped from them.…

…His salary was not even given in evidence. In these circumstances, the learned judge made several crucial findings which are the subject of this appeal.…

…to the evidence, than judging the matter by the record itself.…

…The learned trial Magistrate considered the evidence before him.…

…He believed the evidence of the complainant and his wife that they gave the Appellant Kshs 15,000/- which was allegedly for payment to various Government Departments for their marriage.…

…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…

…In the case subject to this appeal, there is no doubt the learned Resident Magistrate relied mainly on the evidence of the complainant to convict the appellant on both counts.…

…At the hearing of the suit the Plaintiff’s witnesses adduced evidence to the effect that c. the accident was due to the negligence of the 1st defendant who was the 2nd defendant’s servant. They were duly cross-examined.…

…Therefore in a case where the defendants have failed to adduce any evidence in support the assertion made in their pleading the issue of liability must, ipso facto, be resolved in favour of the plaintiff whose evidence stands…

…The complainant who was aged 14 years had given unsworn evidence after the court had examined her and found that she did not understand the nature and importance of an oath.…

…Evidence Act (cap 80) section 124 January 17, 1991, Wambilyangah Ag J delivered the following Judgment.…

…We come to the issue whether there was evidence to support the handling charge, having in mind that there is a divergence of views upon the evidence held by the lower courts.…

…But it is noticeable that the alleged discrepancies in her evidence are minuscule, and understandable.…

…In their respective petitions of appeal, both appellants stated that they were convicted upon insufficient evidence and that the learned magistrate had not considered their respective defences.…

…The fact that the 1st and 2nd appellants were found in possession of very recent stolen properties corroborates the evidence of PW2 and PW3 that they were able to see them at the scene of crime during the robbery.…

…The evidence against the first two defendants is given by the two plaintiffs.…

…The evidence with regard to the deceased Abdi introduced in the case is not quite relevant and can have no effect on the facts of this case.…

…The defendant admits in his evidence that the plaintiff was in fact injured.…

…The evidence of the defendant and DW 3 is not conclusive.…

…No evidence was adduced in this case to support the discrete advice to the defendant that the vehicle was being used as a matatu.…

…There was no independent evidence to support this discrete advice to the defence witness.…

…Evidence has been tendered to that effect.…

…Is a court entitled to presume that service was effected and leave an ex parte judgment undisturbed even when there is stark evidence that the defendants did not have notice of the hearing.…