Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Environment and Land CourtELC Land Appeal
…The 2nd prayer is that upon asking prayers 1 or 2 that this Court do order that the additional evidence adduced through viva voce and documentary evidence be declared as properly on record.…
…be satisfied that the additional evidence is not utilized for the purpose of removing the lacunae and filling gaps in evidence.…
Division and case type: Environment and Land CourtAppeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: Environment and Land CourtELC Land Appeal
…producing this evidence.…
…on the evidence before it.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…the party seeking to adduce the additional evidence.…
…(i) The Court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filing gaps in evidence. The Court must find the further evidence needful.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…party seeking to adduce the additional evidence.…
…(i) The Court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filing gaps in evidence. The Court must find the further evidence needful.…
Division and case type: Environment and Land CourtELC Land Appeal
…Section 78 (1) (d) of the Civil Procedure Act grants the court power to take additional evidence or to require the evidence to be taken.…
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
Division and case type: Environment and Land CourtAppeal
…The 3rd respondent averred that the new evidence was intended to fill up the gaps in the evidence that was adduced by the appellants in the lower court.…
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
Division and case type: Environment and Land CourtELC Land Appeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: Environment and Land CourtELC Land Appeal
…satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…of the case, no evidence whatsoever has been produced to show that the applicant made any efforts to obtain that evidence either before filing the suit or during the hearing of the case.…
Division and case type: Environment and Land CourtELC Land Appeal
…“the Court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence. The Court must find the further evidence needful.” 10.…
…evidence on the other.” 18. …
Division and case type: Environment and Land CourtELC Land Appeal
…stand, it should be slow to differ from findings of fact unless it is satisfied that the trial court failed to appreciate the weight or bearing of the evidence, acted on no evidence, misapprehended the evidence, took into…
…In the absence of credible evidence impeaching that process, those documents constitute cogent evidence of a prima facie lawful allocation. 43. …
Division and case type: Environment and Land CourtCivil Suit
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: Environment and Land CourtELC Land Appeal
…The Applicant seeks the following: i) Leave of this Court to adduce additional evidence on appeal.…
…Second, the 1st Respondent contends that the Appellant had prior knowledge of the evidence. Third, the 1st Respondent argues that the evidence the Appellant intends to adduce is irrelevant and lacks probative value.…
Division and case type: Environment and Land CourtCivil Suit
…The Applicant seeks the following: i) Leave of this Court to adduce additional evidence on appeal.…
…Second, the 1st Respondent contends that the Appellant had prior knowledge of the evidence. Third, the 1st Respondent argues that the evidence the Appellant intends to adduce is irrelevant and lacks probative value.…
Division and case type: Environment and Land CourtCivil Suit
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: Environment and Land CourtPetition
…affidavit evidence.…
…the adducing of viva voce evidence.…
Division and case type: Environment and Land CourtAppeal
…other evidence.…
…Expert evidence should be tested against known facts as it is the primary factual evidence which is of the greatest importance.…
Division and case type: Environment and Land CourtELC Land Appeal
…Whether the learned Magistrate misdirected herself on the evidence, disregarded material evidence or introduced extraneous material. iv. …
…This Court has therefore re-evaluated the entire evidence on record while according due deference to the learned Magistrate’s assessment of the witnesses and the evidence.…
Division and case type: ELC AppealsELC Land Appeal
…On admissibility of photographic evidence 28. …
…On the admissibility of electronic evidence, Section 106B of the Evidence Act governs the admissibility of electronic records.…
Division and case type: Environment and Land CourtCivil Suit
…to patch up his weak points or fill in gaps in evidence. 15.…
…the defendant is yet to adduce his evidence and can be allowed liberty to also expand his witnesses or documents to counter whatever new evidence the plaintiff may present.…