Case law
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Division and case type: CivilCase number Civil Application
…deigned in the first place to hear the application which is supported by the affidavit of a self confessed conspirator to defraud innocent third partiers, is that the respondents, who, it may now be deduced from the affidavit evidence…
Division and case type: Constitutional and Human RightsPetition
…There is no evidence that Hon. Temu was a Registrar, District or Deputy Registrar within the meaning of paragraph 10 of the Advocates Remuneration Order.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…There was no evidence before the Court to that eect and there were no evidence to show that the appellant was a party to the signing of Matiba’s nomination papers or even knew anything about them.…
…If there was such evidence it could have been used against the second respondent but certainly could not be used against the appellant. 43.…
Division and case type: CivilCivil Case
…The statement is not required to contain the evidence which has come to the knowledge of the Governor and which it may be against the public interest to disclose.…
…In such a case the court has to base its decision on the evidence of the detainee assessing his credibility, knowledge and intelligence, a far from sound basis on which to make a finding of invalidity.…
Division and case type: Environment and LandPetition
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: FamilySuccession 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…
Division and case type: Environment and LandConstitutional Petition
…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…
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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…Whilst I am not too certain whether the plaintiff has shown that they have a prima facie case with a probability of success, I am far more uncertain whether on the affidavit evidence the plaintiffs will suffer injury which…
Division and case type: Milimani Commercial CourtsCivil Case
…or which have actually been violated in situations where damages would be an inadequate remedy, or to those who are favoured by the balance of convenience in situations where as a result of serious conflict of affidavit evidence…
Division and case type: CivilCivil Case
…Evidence is essential to show that the agreement would be invalid without the participation of the omitted party. Moreover under ordinary rules of contract the agreement will not bind those who did not subscribe to it.…
Division and case type: CriminalMiscellaneous Criminal Application
…If the cases were to start afresh, witnesses would have to begin giving evidence all over again while the trial magistrate would have to appraise himself/herself of the new matters before him/her.…
Division and case type: CivilCivil Case
…There is no new and important matter or evidence which was not within the knowledge of Mr Mwakiwiwi or Messrs Arum and Company Advocates which has been presented to me to have warranted me to review the consent judgement.…
Division and case type: CivilCivil Appeal
…The Titles presented by the Petitioner were fake and forged, with no evidence as to how the Petitioner acquired them.…
…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…
Division and case type: FamilySuccession Cause
…The Titles presented by the Petitioner were fake and forged, with no evidence as to how the Petitioner acquired them.…
…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…
Division and case type: CriminalCriminal Appeal
…The Titles presented by the Petitioner were fake and forged, with no evidence as to how the Petitioner acquired them.…
…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…