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…Mr Chemweno on the other hand was not traced for cross-examinations.…

…assertions of Mr Chebseba on record given in his cross examination intact and unchallenged.…

…Counsel for the respondent on the other hand opposed the appeal on the following grounds: (1) That they obtained leave before filing the suit and the appellants did not by either evidence submissions or even cross examination…

…In my opinion having given the particulars of the file where leave was sought if the appellant defendant was not satisfied with that he should have sought particulars and called for evidence in cross examination.…

…In the instant case there was no formal refusal to allow the cross-examination but the 2nd appellant was unrepresented.…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…He testified in hisevidence in cross examination that he does not know who was driving thedefendants motor vehicle but the owner is the defendant. He further testifiedthat defendants driver was prosecuted by police.…

…The answer to this puzzle in this case comes from the cross-examination of these two witnesses.…

…In cross-examination Sarah was asked about Exh l the card - Pass-Book Certificate Account which indicates that Margaret was authorizing Meshack her husband to take the money.…

…In the cross examination of the respondent, it was suggested to her that she owned plot No 133R Ongata Rongai and not plot No 133B Ongata Rongai.…

…In the course of cross examination of the second appellant, she said that she did not know where plot No 133 B and or 133 R was nor who occupied them, thus conceding that plot No 133 B could belong to the respondent and could…

…The plaintiff was subjected to searching cross-examination by the learned counsel for the first defendant. He stated that he was looking at the road, the road was straight and it was on a clear night.…

…During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…

…In the case giving rise to this appeal PW1 said during cross-examination:- “Deceased and accused are my customers” And during re-examination he said “Both deceased and accused were my friends.”…

…His evidence is more complicated by his answers under cross examination when he said: “The driver went out of the motor vehicle and joined the lady officer and I saw the driver give her something. I knew it was money.…

…These letters had not been put to the plaintiff’s PW1 in cross-examination and were only introduced into the case after PW1 had left for Germany making his recall both expensive and impracticable.…

…brief is as follows:- PW1 the 1st plaintiff, PW5 a nephew of the 1st plaintiff and uncle to 2nd plaintiff and PW6 brother to 1st plaintiff and uncle to the 2nd plaintiff were firm both in their examination-in-chief and cross-examination…

…In cross-examination he stated:- “I have not cultivated plot No 243 or 1022 as I was not married, I was married in 1980. I have not cultivated it because the defendant refused.”…

…The evidence of the ballistics expert as to his conclusions does not appear to have been seriously challenged in cross-examination.…

…As a recorded police statement, not made on oath, not subject to the test of cross examination, exhibit 122 could not take the place of sworn testimony.…

…And during cross-examination by the state counsel he admitted that the land acquired included a stony area near the river whose acreage he did not know.…

…Under cross-examination, the respondent explained that the accident involved the subject vehicle and another, but he sued in respect of the subject vehicle as it was the one in which he was traveling.…

…During cross-examination the applicant admitted during 1966 he was about 16 to 17 years old at Kiajuthu Secondary School and that he started working as a teacher (untrained) in Baringo District from 1970.…

…Cpl Joel Mutokaa (PW5) who arrested the appellant herein confirmed to the Court during cross-examination that the offences for which the appellant had initially arrested the complainant and others “were never investigated…

…The excuse he gave during cross-examination at the trial was that the police did not ask him if he could recognise anybody. He also confesses that he could not see the faces of the attackers.…

…The plaintiff admitted under cross-examination that prior to the theft he knew he was only supposed to use the subject motor vehicle for carrying his own goods.…