Search court decisions

…The evidence of the 2nd Defendant before the Arbitrator contradicts his own evidence in court that he had never been to that land till after the land was transferred to him.…

…His evidence and that of the 1st Defendant that they visited the said land in September, 1987, clearly confirms the evidence of the Plaintiff and his witnesses that both Defendants had come to the said land in September,…

…That no evidence has been adduced to support the defendant’s defence that the plaintiff respondent was negligent, the defendant has not done anything to counter the plaintiffs evidence and found the plaintiffs case proved…

…I have re-evaluated the evidence adduced before the lower court in the light of the grounds of appeal. The first complaint relates to the issue of Limitation of Actions Act.…

…That the agreement was for only Kshs.7,000/= which was demanded, that a relative is not precluded from giving evidence as in marriage ceremonies.…

…The duty of this court on appeal is to re-evaluate all the evidence on the record and decide whether the conclusions reached by the learned trial magistrate are to stand or not.…

…The learned Resident Magistrate, Mrs Opondo, wrote a detailed judgment in which she took into account the prosecution evidence as well as the defence of the appellant.…

…In the case subject to this appeal, there is no doubt the learned Resident Magistrate relied mainly on the evidence of the complainant to convict the appellant on both counts.…

…Given the fact that sometimes different people may bear the same or similar names or names with very small or insignificant differences, one requires positive evidence to show that the two of the six respondents in the former…

…In his judgment delivered on September 10, 1985, Mr Justice Joseph Butler – Sloss, went through the evidence and found that as at the time of filing the originating summons in 1979, the applicant had not been in possession…

…No evidence was adduced in this case to support the discrete advice to the defendant that the vehicle was being used as a matatu.…

…There was no independent evidence to support this discrete advice to the defence witness.…

…Although the appellant disputed the amount he was paid for the trees which he had planted on the acquired portion, it came out in evidence that although he was compensated for the trees, he admitted in his evidence that he…

…I also noted in the evidence that Kurban Allibhai Bannie a valuer who testified for the appellant was not registered at the time of carrying the valuation.…

…The witnesses gave concurrent evidence. At the close of the whole case counsel for the plaintiffs put in written submissions and the major points relied on by them are:- 1.…

…It is his stand that since the evidence is not challenged liability is established.…

…This case was filed in Court by the respondent who in her evidence said that amongst the documents enclosed in the letter to her husband was a degree certificate for her said husband which he was supposed to use in securing…

…Furthermore the consideration of expenses of renting two houses one in Nairobi and another in Bungoma was not proved in evidence.…

…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…

…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…

…In it he deposed that he was aggrieved by the fact that the court martial had not properly evaluated the evidence on record before preferring the conviction.…

…He submitted that there were gaps left by the evidence on record which meant that his appeal had high chances of success.…

…The defendant in his evidence admitted that the plaintiff is the son of his deceased brother, Nkambi.…

…The defendant has a younger brother, Mbae Nkambi but from the evidence adduced, it is not certain whether he was born before his father’s death or after his father had died.…

…That the learned trial magistrate observed that there was a conflicting evidence which created doubt in the prosecutions case and that doubt should have been resolved in favour of the appellant.…

…I have re-evaluated the evidence adduced before the lower court on my own and I find that there is no dispute that the appellant’s vehicle was going ahead of that of the complainant in the lower court, that the distance between…

…His case was closed after his evidence was recorded and the learned magistrate reserved her judgment which was delivered on the 29th of April, 1991.…

…This is well supported by documentary evidence which were annexed to his supporting affidavit dated 13th of June, 1991.…

…Further that because the case was prematurely determined at interlocutory stage, the orders sought should be granted to him so that he can adduce evidence in support of his case.…

…The applicant did not however annex evidence of such support. That the rest of the children fall outside the definition of “child” under the Children’s Act.…

…appeal namely; That the learned Resident Magistrate erred in law in convicting the appellant when the plea was not unequivocal, the learned Resident Magistrate erred in law in convicting the appellant when there was no evidence…

…Having heard submissions of both parties and having assessed the evidence on the record I find that appellant replied; “it is true” when the charge was read to him.…

…The learned Chief Magistrate found on the evidence before him that the appellant, had paid Shs 150,000/= to the 1st respondent and there was a balance of Shs 20,000/=.…

…The registration of 1st respondent (in the log book) was only prima facie evidence of the ownership of the car.…

…I wouldn’t say that in all her evidence the respondent denied what the appellant alleged against her in the petition.…

…Professor Acuda’s evidence that he met both parties in the case would tend to establish that the appellant’s complaint was actually of a marital nature.…

…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…