Case law
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Division and case type: CivilCivil Appeal
…The superior court’s findings ………… The learned superior court Judge analysed, and we must say admirably so, the documentary evidence placed before him, together with the submissions of counsel.…
…The learned trial Judge erred in law and in fact in holding that the consignment of sugar arrived “hopelessly out of time” and “reasons for delay were unknown” when no such evidence was presented before him. 5.…
Division and case type: CriminalMiscellaneous Criminal Application
…You will be tried later in another Court before a Judge and assessors, where witnesses will give evidence and you will be allowed to question them.…
…You will then be allowed to make a statement or give evidence on oath and call your witnesses. If you wish, you may say something now either on oath or not on oath.…
Division and case type: CivilCivil Appeal
…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…
Division and case type: CriminalCriminal Case
…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…
Division and case type: CivilCivil Appeal
…Neither party shall be limited in proceedings to evidence or arguments put before Acres nor shall Acre’s decision disqualify him from being called as a witness and giving evidence before the arbitrator(s) on any matter relevant…
Division and case type: Constitutional and Human RightsElection Petition
…other petitions could be held up. (4) Respondents may deliver recriminatory cases (rule 8) and speed of service, in order that the respondent may know the case against him, is obviously desirable so that he may collect his evidence…
…return) they should be dealt with as one without letting late service in one hold up the others and lastly that respondents need to go in a given time frame knowing what cases are against them so that they collect their evidence…
Division and case type: Environment and LandCivil Appeal
…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 Case
…The applicant adduced no evidence of the agreement in writing for this purchase and/or that he obtained the requisite Land Control Board consent for this transaction.…
Division and case type: CivilCivil Appeal
…There was also a record of their agreement dated April 17 1980, witnessed by Mr Samuel Wang’ondu who gave evidence on behalf of the respondent.…
Division and case type: Environment and LandCivil Suit
…It is required there therefore to comply with Rule 3 thereof which provides “every notice of motion shall state in general terms the grounds of the application and where any motion is grounded on evidence by affidavit, a…
…The court was of the opinion that “if joint affidavits were receivable in evidence there would have been provision for words such as these “or deponents” in both rules 3(1) and 4.…
Division and case type: CivilCivil Suit
…There is no evidence of any communication nor does the applicant assert that he ever did so.…
Division and case type: CriminalCriminal Appeal
…The appellant appealed to the superior court against both conviction and sentence and also filed an application under section 358 of the Criminal Procedure Code for leave to adduce additional evidence at the hearing of the…
Division and case type: CivilCivil Case
…However I am doubtful of its probability of success as I am not seised of the evidence of the case nor am I aware of the law forbidding the members from requiring their officials to conform to the laid down rules by a court…
Division and case type: CriminalCase number Criminal Revision
…The plea of the owner is not necessarily conclusive evidence against other parties who were not charged and asked to plead and who might be affected by any order he might make arising out of the plea.…
…It is no evidence at all as the fitness for human habitation, and therefore the Magistrate is required to satisfy himself, bearing in mind that an unscrupulous landlord might proceed in the way the tenants in these cases…
Division and case type: Anti-CorruptionCivil Appeal
…We understand that this letter has since been amended to cover the remittances of the loan and interest without having to produce evidence of receipt of machinery into the Country in an approved manner.…
…It was not in dispute as evidenced by correspondence exchanged between the parties (supra) that contractual, duciary or retainer relationship existed between Mr Keith and the individual clients as their common advocate.…
Division and case type: Environment and LandPetition
…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: CivilCivil Case
…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: Constitutional and Human RightsJudicial Review
…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.…
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.…