Case law
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Division and case type: CivilCivil Appeal
…To attach a supporting affidavit to an application under rule 13(1)(a) would be to introduce evidence which is specifically barred by rule 13(2).…
…The judge thought that these matters should be left to be proved by evidence which would be brought during the trial.…
Division and case type: CivilCivil Suit
…that there has been a dispute among the officers or members of a group so that he is not satisfied as to who are the officers of the group, the Registrar may in writing require the officers of the group to produce to him evidence…
…appointment of officers of the group; or (b) the institution of proceedings for the settlement of the dispute and for a declaration as to who are the officers of the group, and where he does so the officers shall provide evidence…
Division and case type: CriminalCriminal Appeal
…To support a charge under the foregoing section, there must be evidence showing that: 1.the accused demanded a valuable thing; 2.he demanded it with a menace or force; and 3.he demanded it with intent to steal.…
…With this kind of evidence, the trial magistrate concluded that on 2nd December, 1989 at Silent Bar in Molo South Centre, the appellant had demanded with menace KShs.1,000/= from the complainant.…
Division and case type: CivilCivil Appeal
…These were findings of fact which are supportable on the evidence before the court.…
…The saw had to be returned within a reasonable time and, if not so returned, the respondent was entitled to (and should) purchase a replacement, which, the evidence showed, would have cost Shs 1,500.…
Division and case type: CivilCivil Appeal
…These were findings of fact which are supportable on the evidence before the court.…
…The saw had to be returned within a reasonable time and, if not so returned, the respondent was entitled to (and should) purchase a replacement, which, the evidence showed, would have cost Shs 1,500.…
Division and case type: CivilCivil Case
…However the court allowed him to putin onc, according to his recollectionthe same to be considered along other evidence (Exhibit P.7). in cross examination this witness said that the bus had tended to go to the left of the…
…Again this is not tomake a short job of the plaintiff’s case go this point, but there was no evidence produced aboutthe plaintiff's income per month as a driver.…
Division and case type: CriminalCriminal Appeal
…The rest is not applicable as there is no evidence that the knife was adapted for use in committing a burglary, theft or cheating. These men were not at their place of abode. They had the knife between them.…
…He has pointed out carefully some discrepancies in their evidence. What he says is quite true, and was not clearly referred to in the judgment of the lower courts.…
Division and case type: CriminalCriminal Case
…Without proper evidence before me, I can only use the words of the Court of Appeal in Daniel Nyanza & Others vs Republic Cr.…
…Appeal No. 134/2005 and state as follows: “Under all those circumstances, there is no proper evidence on the complaint based on violation of the appellants’ rights under section 72(3) (b) of the Constitution.…
Division and case type: CriminalCriminal Appeal
…To support a charge under the foregoing section, there must be evidence showing that: 1.the accused demanded a valuable thing; 2.he demanded it with a menace or force; and 3.he demanded it with intent to steal.…
…With this kind of evidence, the trial magistrate concluded that on 2nd December, 1989 at Silent Bar in Molo South Centre, the appellant had demanded with menace KShs.1,000/= from the complainant.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: FamilySuccession Cause
…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.…
Division and case type: FamilyCase number Adoption Cause
…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…