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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 cross examination Wayua answered that although she did not have a spotlight, on thatcloudless full moon night she saw clearly the incident in issue.…

…In cross examination PW2 told the court that his house and that of the accused lie opposite each other across the road. But the scene of the attack was closer to the accused's house.…

…In his evidence in court the first accused Charles Ndolo who is appellant in HCCRA 52/03 said that he had a grudge with the complainant which he never put to the complainant in cross examination.…

…The issue of a grudge has been displaced by this court as being an after thought as it was not in cross examinations. Even if PW 1 had a grudge no explanation exists as to why PW 2 and 3 should frame the appellants.…

…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.…

…Then she made significant observations during her cross examination by the appellants to the 1st accused (1st appellant) she said.…

…Gacheche went on to describe particulars of their books and answered in cross examination to Mr. Mungata (for the 1st accused who was acquitted) that: “I am a publisher. I am the Managing Director of Phoenix Publishers.…