Search court decisions

…These were findings of fact which are supportable on the evidence before the court.…

…The saw had to be returned within a reasonable time and, if not so returned, the respondent was entitled to (and should) purchase a replacement, which, the evidence showed, would have cost Shs 1,500.…

…This submission is consistent with the appellant’s evidence in lower court when he said that he had owned the disputed plot for a long time and that the crops on it at that time were also his property.…

…On this evidence, the trial court convicted the appellant for the offence of handling stolen property contrary to section 322 (2) of the Penal Code and sentenced him to 7 years imprisonment with hard labour…

…Applying those principles to the facts here, I say that although I am unable to decide on the basis contradictory affidavit evidence whether the Defendant was misled by the Plaintiff’s Advocate as alleged, I am of the view…

…I wouldn’t say that in all her evidence the respondent denied what the appellant alleged against her in the petition.…

…Professor Acuda’s evidence that he met both parties in the case would tend to establish that the appellant’s complaint was actually of a marital nature.…

…In view of the foregoing and in the absence of any evidence of the alleged withdrawal of HCCC No. 35 of 1997, I find as a matter of fact that HCCC No. 35 of 1997 has not been withdrawn as alleged to date and the same is pending…

…Whatever amount it is, that claim can only be established upon hearing viva voce evidence when the petition and the other pending applications will be listed for hearing.…

…In the face of this kind of evidence, we cannot see what possible defence was open to the appellant.…

…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…

…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.…

…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…

…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.…

…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.…

…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 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.…

…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.…

…There is evidence that before the petition is set down for hearing the respondent is asking for the petition to be struck off.…