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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.…

…He denied in cross-examination that he had never alleged any beatings in his police statement which he made on the date he was arrested.…

…In cross examination he added that the persons who beat Abdi were different from those who beat him and the second plaintiff, and they were three. According to him also, there were five askaris who beat them.…

…Mr Prinja conceded that Stella was not challenged in cross-examination on her recognition of the appellant’s voice (as she should have been) but maintained that nevertheless the judge was not relieved of the duty of administering…

…None of these matters, Mr Prinja said, were canvassed by the judge in his judgement, which it was his duty to do, notwithstanding that most of them were not put to the witnesses in cross-examination.…

…One is even constrained to think that the cross-examination conducted by defence counsel was never based on instructions from his clients.…

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

…The plaintiff categorically exculpated the 1st defendant when he said (in cross-examination by Mr Gikandi): “It is not true that I was employed by the 1st defendant as alleged in paragraph 5 of the plaint.…

…In cross-examination by Mr Pandya the 1st defendant admitted that the person who completed the first form was his own clerk who was paying wages to his employees, and that although he knew that the clerk had completed this…

…On cross-examination by Mr Satchu, Mr Sherwin stated that the bucket would drop to the surface of the road.…

…On cross-examination by court, he stated that he traveled a distance of about 100 yards on the right lane before the steering turned right.…

…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 trial Magistrate and the Judge erred in failing to hold that the prosecution had failed to dislodge the appellant’s cross-examination by the prosecution.…

…When it was suggested to him towards the end of his cross-examination that he could have been mistaken about the identity of the appellant he retorted: “I cannot mistake the accused for any other person.…

…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.…

…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…

…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…

…He said in cross examination that appellant had lOUs to present. He also said that documents relating to IOUs were not produced in court and the bank statements were not attached to the audit report.…

…In cross examination he said he was not availed any payment vouchers and did not investigate their petty cash account.…

…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.…