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…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.…

…The proposed Interested Party, however, chose to present its application as an association and there should have been evidence that the persons listed as officials are the duly appointed or elected and registered officers…

…Witness give affidavit evidence in election petitions. The process is clearly set out and rule 18(7) provides: “7.…

…Mr Sampson had this to say:- “I asked the Plaintiff to produce the Ramtu Commission Report in evidence before me if he wanted to rely on it. He was unable to do so and eventually gave up his claim based on that Report.”…

…I have carefully considered the evidence viva voce and by affidavit and the circumstances of the making of this application.…

…Under order 35 rule 2 a defendant is entitled to show either by affidavit, or oral evidence, or otherwise, that he should have leave to defend the suit.…

…Rai Ply has prospered and there is no evidence that the petitioners’ moneys have been used in that project.…

…It would be futile on affidavit evidence to decide which way the truth lies but it is clear that most of the transactions were within the knowledge of the petitioners.…

…(c) That the Petitioner has failed to give cogent evidence in support of his application for review and or setting aside orders made on 2nd July, 2015.…

…OSMOND (Court of Appeal Civil Case No. 82 of 1998) and submitted that this was not a proper case to be determined on affidavit evidence.…

…alternative people presented as suitable “legal representatives”, one is not an appointed executor under the will, and another has been mentally ill, and although believed to have recovered we have not been furnished with evidence…

…It may be that the appellant was not ready to have the application being made without having been paid although there is no evidence to that eect.…

…In assessing damages for pain suffering and loss of amenities the learned judge misapprehended the evidence in the crucial aspects of the sequelae of injuries and gave too much weight to Dr..…

…Then it was that Mr Justice Cockar at Nyeri recorded evidence from Mwotia who added little to the details of his counterclaim save that the government gave him permission in 1960 to build on his portion and on January 17,…

…Even upto today before me, there has not been evidence to show who the owner of that maize is and it will not be proper for me to work on assumption as to that ownership for the purpose of ordering release of that maize to…

…The learned judge recorded evidence from the appellant and his eye specialist Dr Ved, the respondent’s accountant, Andabwa and Aggarwal, another accountant, who has been analyzing date for the local cost of living index.…

…Regarding the confinement of the petitioner at a prison facility, the respondent contended that the section 43(2)(b) of the KCIA provides an alternative to a holding facility and further that there was no evidence tendered…

…It was wrong to assess the loss at Kshs. 20,000 per year in the absence of evidence to that effect.…

…It may be that the appellant was not ready to have the application being made without having been paid although there is no evidence to that eect.…

…In this case he has argued that there is no evidence of any complaint having been lodged by a member of the Parish. The whole exercise in his view therefore is null and void.…