Search court decisions

…The prosecution called evidence to show that a handwritten document which was exhibited may have been forged. A copy of the document was in the possession of the appellant.…

…No clear evidence was adduced to show that she either made the document or was party to its making.…

…(xxxiii) THAT the Respondent herein relied on hearsay evidence which he was unable to substantiate during the hearing of the Petition and should now not be allowed to re-open his case by fishing for fresh evidence which was…

…and lay a basis in the Petition and the Affidavit evidence filed in support of the Petition.…

…The learned judge summed up all the evidence in detail and explained the relevant law to the assessors. He tackled the evidence again in his judgment just as thoroughly.…

…He noted the absence of evidence from anyone who saw these killings so what the republic had put forward amounted to a confession apiece, since retracted, and circumstantial evidence.…

…(xxxiii) THAT the Respondent herein relied on hearsay evidence which he was unable to substantiate during the hearing of the Petition and should now not be allowed to re-open his case by fishing for fresh evidence which was…

…and lay a basis in the Petition and the Affidavit evidence filed in support of the Petition.…

…She states in her evidence that respondent’s conduct has caused her a lot of damage and after the visit to the DC’s office they just returned to Angels Bay and did not get intimate – hence there was no consummation.…

…I recognize that parties are bound by their pleadings and I am unable to reconcile how in her evidence petitioner claims to have been tricked into marriage and she didn’t even release they had had a wedding, yet in her pleadings…

…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…

…It was on the basis of this evidence that the appellants were convicted by the trial court as is outlined at the beginning of this judgment.…

…The other grounds relate to matters of the evidence and ndings of fact which, since this is a second appeal, this court need not be concerned with.…

…Both the trial and the rst appellate court set out in detail the evidence which linked the appellant with his alias David Mwai Waweru and the transactions of opening the Kwake Enterprises Bank account and withdrawals of…

…I would make an order remitting the proceedings to the High Court to hear and determine the case according to the evidence, which in my opinion should be oral evidence, brought before it.…

…At the beginning of the hearing of the appeal, the court asked for the evidence of the refusal of consent by the appellant. There was no letter embodying any such refusal.…

…It follows from the affidavit evidence that the applicant could not proceed to file an appeal from a Judgment he was not made aware of its existence.…

…In my view the applicant has discharged the burden on the conditions precedent based on the affidavit evidence to support exercise of discretion in its favour under Order 42 Rule 6 of the Civil Procedure Rules.…

…On this evidence, the trial court convicted the appellant for the offence of handling stolen property contrary to section 322 (2) of the Penal Code and sentenced him to 7 years imprisonment with hard labour…

…There is no evidence that has been adduced to the effect that between the time of making her ruling and now, there have arisen other novel factors to persuade this Court to arrive at a different conclusion.…

…On their first appeal to the superior court, that court held that sufficient evidence had been tendered at their trial but purporting to follow the decision of this Court in Johana Ndungu v. Republic, Cr. A.…

…It was on the basis of this evidence that the appellants were convicted by the trial court as is outlined at the beginning of this judgment.…

…for the exercise of the power of mercy, the committee shall:- (a). determine the admissibility of the petition; (b). have all the necessary powers to determine the petition under this section, including: (i). calling for evidence…

…important to note in this connection, the main provisions of Article 50 (1) of the Constitution to have his case heard by an independent and impartial tribunal or body has not been impeached in anyway from the affidavit evidence…

…He also stated that there was no evidence that the estate was being wasted. Ms.…

…Ndagani 716 - was distributed and the 6th respondent produced evidence to show that he purchased 2 acres out of the parcel. 3. Mwajati Manani 4749 does not appear in the list of properties distributed.…

…There is no evidence that Hon. Temu was a Registrar, District or Deputy Registrar within the meaning of paragraph 10 of the Advocates Remuneration Order.…

…Firstly, there is prima facie evidence that suit plots are public land. I say that they are public land because of the involvement of the 1st Respondent in the contested exercise.…

…Amidst all the above noted shortcomings, it would not be proper to let the exercise proceed before hearing the petition which raises triable issues as well as prima facie evidence of violations of the Constitution and the…

…The learned judge recorded evidence from the appellant and his eye specialist Dr Ved, the respondent’s accountant, Andabwa and Aggarwal, another accountant, who has been analyzing date for the local cost of living index.…

…The learned judge recorded evidence from the appellant and his eye specialist Dr Ved, the respondent’s accountant, Andabwa and Aggarwal, another accountant, who has been analyzing date for the local cost of living index.…