Search court decisions

…It would seem that such finding was made on the basis of the evidence of the mother.…

…Medical evidence, if sought to be adduced, ought to be so done with propriety and not in such slipshod manner. The doctor who examined the complainant should have been called to adduce proper evidence.…

…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.…

…Their evidence was recorded so badly that we were not able to figure out any useful piece of evidence either of the two gave the court during that hearing.…

…Firstly, the prosecution was poor and the evidence badly recorded. Secondly, the statement under inquiry was inadmissible and if admissible, it was improperly admitted in the evidence.…

…In his view, there was not enough evidence to show that the appellant was one of the robbers.…

…The Senior Resident Magistrate dealt with the evidence of Jamlick and Caroline as well as the defence as follows: “I have considered the defence evidence and any relevant material particulars.…

…The Defendants did not adduce any evidence during the hearing. Upon close of oral evidence both parties were invited to le written submissions.…

…There is no evidence to prove either of these allegations.…

…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.…

…The prosecution failed to provide him these documents this proving the prosecution case fatal as far as the documentary evidence is concerned.…

…The only way the prosecution could prove its case was through the documentary evidence which was inadequate. His counsel argued on the issue of the document examiner.…

…He said besides lack of evidence that it is the appellant who laced the tea in the thermos flask with poison, there was no evidence to corroborate that of the two minors.…

…read the record of appeal and re-evaluated the evidence on record.…

…There was no other evidence of any other kind whatever against the appellant.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…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.…

…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.…

…The point of law raised in this appeal is whether under section 131(1) of the Criminal Procedure Code proof to the satisfaction of a court by which a recognizance has been taken requires evidence on oath as in section 130…

…A statement made by an agent to a party to a proceeding in terms of section 18(1) of the Evidence Act (cap 80) would be an admission, to the satisfaction of a court.…

…That is the evidence relating to the offence of demanding with menaces.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…That is the evidence relating to the offence of demanding with menaces.…

…If the prosecution evidence is accepted then after the arrival of Wanjuki the events that happened constituted corruption.…

…From the evidence before the Court and the submission used – the petition of appeal does not question the fakeness of the dollars. This in fact is not disputed.…

…If it is disputed it is on the aspect that the maker of the report that proved the dollars were fake was never called to give evidence.…

…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.…

…There is also uncontroverted evidence that the suit premises were purchased from one Nderi Gatimu.…

…He did not tender any evidence in that regard other than his word of mouth. The 1st defendant has questioned the credibility of the evidence given by PW1 and PW2.…