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…Evidence is on record as to what happened from the various witnesses including the report of Leornard Oloo, the Production Manager. This evidence brings out the sort of person Lawi was, generally.…

…Joshua’s evidence too was that Lawi was a bad tempered man.…

…The Defendants did not adduce any evidence during the hearing. Upon close of oral evidence both parties were invited to le written submissions.…

…There is no evidence to prove either of these allegations.…

…The cheque for that payment is in evidence [Exhibit 3]. In addition he met the expenses in legal fees and stamp duties (Kshs.200,000/=).…

…The evidence he gave was documented in material respect. The losses suffered were demonstrated.…

…He accepted the evidence of PW 1 supported as it was by the evidence of PW 3, Mwangi and PW 4, Njooka.…

…This point was considered by the learned magistrate as being further circumstantial evidence which supported the direct evidence of the complainant.…

…It is in her evidence that the cattle remained with her for six months.…

…The evidence of the three surviving police co-accused is in support of what the two appellants had said.…

…(3) What was the value of the respondent’s baggage and its contents on the recorded evidence? (4) Was there any basis for the trial courts’ award of general damages?…

…The learned trial judge carefully analysed and evaluated the evidence adduced before him by both parties, and made findings on it as required by law.…

…It is the evidence of P.W.2 who lives in a neighbouring compound that at the same time he was awoken by noise of barking dogs and an alarm from P.W.1’s compound.…

…It is then in the evidence of P.W.2 to the effect the man whom he shot had severally pelted stones at him despite being shot at.…

…The evidence shows that at some time after the death of her son, the appellant decided that it was no longer desirable for the respondent to retain her right to stay on the land.…

…Nor was any evidence adduced to show that by reason of Gatui’s death his wife and children had lost their right to occupation over the parcel of land No Kiambu/Kanunga/661.…

…They stated that there was no sufficient evidence to warrant their conviction for robbery with violence.…

…The evidence of PW1 was corroborated by that of PW2 and PW3. There was also the evidence of PW5 even though the P3 Form was filled several days after PW1 was assaulted.…

…That he was convicted upon insufficient evidence and that the sentence that was imposed upon him was manifestly excessive.…

…Similarly, upon our own consideration of the evidence of Snr Private Muganda (PW1) regarding the alleged robbery at Langata Barracks and the evidence of C I Maina (PW 17) in light of the evidence of the appellant, we entertain…

…Section 47A of the Evidence Act cap 80 Laws of Kenya is clear on the point.…

…Under order VI rule 3 Civil Procedure Rules a party need not plead evidence and under order VI rule 7 a party is at liberty to raise or leave out a point of law in his pleadings.…

…Ernest did not challenge this evidence in court. Ernest was arrested and handed over to the police.…

…Of course, other evidence against the co-accused named but, as we said earlier, corroboration is no more than something tending to confirm other evidence." Ernest has not attended this appeal at his own wish.…

…The evidence adduced in the court below is well set out in the Judgment of the learned trial Magistrate.…

…Upon my own evaluation and consideration of the recorded evidence, I am satisfied that the conviction of the Appellant was based on sound and reliable evidence.…

…Four of the remaining holdings were to the effect that the words uttered were not statements of truth or were not supported by evidence.…

…The learned judge had accepted the above evidence and found that during the period that the appellant was the chairman money had gone missing.…

…Thus the case for the AFC proceeded on a wholly false premise, one which, indeed, was belied by their own evidence.…

…The learned trial judge clearly misapprehended various aspects of the evidence before him and consequently made wrong findings thereon.…

…The applicant has not effectively challenged that evidence.…

…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…

…All three appellants and their co-accused gave unsworn evidence which corresponded.…

…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…

…All three appellants and their co-accused gave unsworn evidence which corresponded.…

…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…

…All three appellants and their co-accused gave unsworn evidence which corresponded.…

…Secondly, the evidence of the 1st witness, Wilson Ndeda, appears to have no relation to the offence with which the appellants are charged save to prejudice the mind of the court.…