Search court decisions

…He relied on his own oral evidence in court, the evidence in the civil proceedings in Kitale Resident Magistrate’s Court in Criminal Case No 3175 of 1979 in which he was prosecuted for an offence under section 313 of the…

…Later the defendant was summoned to give evidence at the trial of the plaintiff at Kitale and he did so together with his wife.…

…(xxxiii) THAT the Respondent herein relied on hearsay evidence which he was unable to substantiate during the hearing of the Petition and should now not be allowed to re-open his case by fishing for fresh evidence which was…

…and lay a basis in the Petition and the Affidavit evidence filed in support of the Petition.…

…That the agreement was for only Kshs.7,000/= which was demanded, that a relative is not precluded from giving evidence as in marriage ceremonies.…

…The duty of this court on appeal is to re-evaluate all the evidence on the record and decide whether the conclusions reached by the learned trial magistrate are to stand or not.…

…In his petition of appeal the appellant complains that he was convicted on insufficient and contradictory evidence. Also that the items he is alleged to have stolen was not produced as an exhibit.…

…I find no merit in the appellants complaint that the evidence in support of the charge is both contradictory and insufficient. Waruguru knew the appellant before. They were neighbours.…

…The learned judge had before him in addition to the oral evidence that was adduced, documentary evidence which he accepted and which clearly showed more than on a balance of probabilities, that not only was plot No 133R Ongata…

…There was in our view, no need for the learned judge to hear the evidence of Orumoy particularly on a matter which was not controverted.…

…As a first appellate Court we are entitled to re-evaluate the evidence given in the High Court.…

…The evidence is that as he was alighting from the tractor in a hurry he slopped and fell. I do not see any difference in substance therein.…

…To the Court his evidence was that he was a livestock trader which entailed buying cattle from markets in his home district and taking them for sale in Nairobi.…

…It is in evidence herein that on the material date he was taking 7 head of cattle for sale in Dagoretti in Nairobi.…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…Secondly on evidence she attacked the admission of copies of receipts, and reliance on PW.2's evidence because he was to her, as a suspect but I must state straight away that there is no such evidential status under the evidence…

…Miss Njeru's reference to a suspect's evidence cannot be taken to affect evidence.…

…The learned trial Magistrate considered the evidence before him.…

…He believed the evidence of the complainant and his wife that they gave the Appellant Kshs 15,000/- which was allegedly for payment to various Government Departments for their marriage.…

…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…

…In the case subject to this appeal, there is no doubt the learned Resident Magistrate relied mainly on the evidence of the complainant to convict the appellant on both counts.…

…The prosecution failed to provide him these documents this proving the prosecution case fatal as far as the documentary evidence is concerned.…

…The only way the prosecution could prove its case was through the documentary evidence which was inadequate. His counsel argued on the issue of the document examiner.…

…With regard to the accident he submitted that the appellant had adduced evidence to show an accident did occur in which her husband had been injured and, because the respondent did not adduce controverting evidence liability…

…Njuguna conceded that the appellant had proved by evidence, that an accident occurred, but did not think that any evidence was adduced to establish negligence on the part of the driver.…

…That part of the evidence was red herring introduced for his own purposes by the driver.…

…Leaving it aside, we have the evidence of the complainant that his watch was stolen and the corroboration of that evidence in that his friend saw it in the hand of the appellant, taken together with the fact that although…

…by the evidence of Matundura and Malika.…

…The trial court had accepted the evidence of the complainant, his mother and his brother, and despite the discrepancies as to time and place, there was evidence to support that decision.…

…Where the only evidence against a defendant is evidence of identification or recognition, a trial court is enjoined to examine such evidence carefully and to be satisfied that the circumstances of identification were favourable…

…Evidence of visual identification in criminal cases can bring about miscarriage of justice and it is of vital importance that such evidence is examined carefully to minimize this danger.…

…Reference was made to the three dates ie September 25, 26, and 27, 1976 whose evidence the judge bore in mind and which was not challenged by the plaintiff in his evidence.…

…The judge referred to the defendant’s evidence that the plaintiff stole from the defendant on September 18, 1976 and held that the evidence was not strictly admissible and added, “the court, therefore, disregards all evidence…

…such evidence was not rebutted unless eectively displaced in cross examination.…

…It relied on an number of precedents and Section 157 of the Evidence Act.…

…His salary was not even given in evidence. In these circumstances, the learned judge made several crucial findings which are the subject of this appeal.…

…to the evidence, than judging the matter by the record itself.…