Search court decisions

…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.…

…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…

…If those pieces of evidence were taken away, Mr Prinja said, the rest of the evidence did not take the case any further.…

…In response to this evidence, the appellant made an unsworn statement.…

…What we must consider however, is whether the absence of his evidence adversely affects the evidence of the other eyewitnesses as proof beyond reasonable doubt of the offence with which the appellant was charged.…

…With respect to the lack of ballistic evidence connecting the shot alleged to have been fired by the appellant which caused the death of the deceased, there is the uncontroverted medical evidence that the deceased died of…

…There is no other evidence, direct or circumstancial, to corroborate the evidence of the complainant.…

…evidence can be safely accepted as true and free from the possibility of error.…

…There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in Section 296(1) of the Penal Code on count two.…

…that the evidence is reliable, then after paying attention to the warning, he may nevertheless convict.…

…The trial court warned himself of the danger of convicting the appellant on uncorroborated evidence of a child but found that from the evidence on record there was no reasonable doubt that it was the appellant who defiled…

…to the prejudice of the appellant; in failing to sufficiently appraise the evidence of the trial court as was bound to as a first appellate court; in upholding a conviction that was founded on evidence by the prosecution…

…Evidence is not to be pleaded.…

…The previous driver who had the car since morning is unknown and as such did not give evidence. The evidence of the plaintiff has been corroborated by the two defence witness.…

…Grounds 1 and 5 of the appeal have expressed the appellant’s disbelief over the acceptance of the sole evidence of the complainant about the incident as against the appellant’s evidence (unsworn statement ) and his action…

…The evidence of the sole prosecution witnesses to the incident, that is the evidence of the complainant, was fully corroborated by that of the other four Tanzanians who had contributed to the sum that was brought by the complainant…

…There was a number of defects in the evidence in the trial. There was no evidence, for instance of robbery as defined in Section 296(1) of the Penal Code on count two.…

…that the evidence is reliable, then after paying attention to the warning, he may nevertheless convict.…

…The Land Registrar, PW 3, gave evidence from his records.…

…We cannot detect any serious conflict between those two portions of the evidence.…

…The issue of law of this second appeal is whether there was evidence to prove the several charges. 2.…

…The point was made that there is evidence of false documentation. 8. Evidence was given by Kimani (PW1) that on 21st December, 1987 he allowed vehicle registration mark KWR 463 to enter the silos at Nakuru.…

…However, the evidence he has adduced in support of his claim falls short of the required standard to warrant the grant of the orders sought.”…

…As far as grounds No 2 & 3 summed up above are concerned, these relate to matters of evidence.…

…on the evidence should stand – see–Peters v Sunday Post [1958] EA 424.…

…There was not a shred of evidence to support this suggestion.…

…Moreover, no descriptive evidence either of the appellant or of the exhibits was given.…

…He also submitted that the prosecution evidence as to where the children’s shoes, Exhibit 77, were found was contradictory.…

…He made no further mention of any alibi in his evidence. Halima was called to testify for the prosecution. She was declared a hostile witness.…

…John Maina however did not say in his evidence that the appellant spoke these words “toka inje”- when the robbery was committed.…

…The evidence of the search and finding of the drugs was given by three Administration Policemen (APC Edward Kiengo (P.W.1), APC Peter Kahome (P.W.2) and APC Kilei Mbogo (P.W.4).…

…There is no evidence sufficient to raise any presumption of possession against the appellants.” This is a judgment of this Court and we are bound as usual to accord it utmost respect.…

…From the evidence of Mr Patel, which both the trial court and first appellate court accepted, that there is no doubt that the robbery took place as Mr Patel described.…

…Constable Gedion Olang confirmed that position in giving the evidence of arrest which occurred on the 6th/7th September, 1982.…

…However, from the police statements of PW2; Namenge Ngalu Orinda (PW3); and Peter Makokha Wandera (PW4) which were tendered in evidence in the superior court and marked exhibits Nos D1.2; D1.3; and D1.4 respectively, the…

…From the evidence of PW1; PW2; PW3; PW4; and that of the appellant’s work-mates - Administration Police Constable Jimmy Okwakao Omuse (PW6) and PW7 - the learned trial judge found that these witnesses substantially spoke…