Search court decisions

…Damages are clearly payable to the parents of a deceased child, irrespective of the age of the child and irrespective of whether there is or there is not evidence of pecuniary contribution. 3.…

…The award of shs 100,000/- was in any event excessive and not supported by any evidence of loss. We shall deal with ground one first.…

…The evidence of PW 2 is not as specifically supported by other evidence as that of PW 1 and I warn myself of the danger of accepting his evidence.…

…In this case I am satisfied that the evidence of PW 2 is acceptable considered in relation to the evidence of PW 1, PW 6, PW 7 and the doctor, and may be acted upon.…

…There is no evidence by the complainant to prove that the same belonged to him.…

…in order for it to be proved and failure to bring medical evidence is not fatal to the case and the sentence was well merited.…

…I have considered the grounds of appeal filed by both appellants and the record of the evidence.…

…The complainant did not identify the 1st appellant and the only evidence of the identification of the 1st appellant was that of PW 2 who was an accomplice and also a minor so that his evidence needed corroboration in law…

…The petition contained points like the Learned Trial Magistrate did not record all the evidence tendered (this did not come out clearly in Mr.…

…The evidence shows that only P.W.2 saw him cutting down the crops. The others P.W.3 and 4 did not.…

…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 contradiction in the evidence of Mutunga and assistant chief is more than obvious.…

…The evidence of Mutunga that he took the roll of bhang tied in a cigarette packet to the assistant chief cannot be believed if the evidence of the assistant chief is accepted.…

…In this case the categorical evidence of recognition of the appellants both of whom heard her evidence and had opportunity to refute those statements.…

…The complaints in grounds 2 and 4 of the appeal are that the alibi evidence of both appellants were summarily dismissed without due consideration and that the judgment was against the weight of the evidence.…

…From the evidence of the complainant Patel (PW1) the appellant did not stop at the T-junction as he joined Kilunhga street. It would appear that the appellant was coming from the left-hand side junction.…

…The appellant in his evidence testified that he was on his correct side of the road when the complainant came driving on his wrong side of the road and hit him.We have now examined the evidence on record and it is clear that…

…The learned magistrate considered all the evidence and accepted the evidence of the police officers with regard to finding of rounds of ammunitions in the coat at the house of the appellant.…

…It was not necessary to call the suspects for robbery who pointed out the house of the appellant unless the circumstances so required such evidence.…

…I have considered the evidence on the record and I am satisfied that the appellant was properly convicted.…

…On this evidence the participation in the offence by the appellant is in my view established and I find the conviction proper and it is unheld.…

…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.…

…accident which was adduced in evidence by consent.…

…Such evidence does not tend to show that before the accident the plaintiff was planning a naval career.…

…The grounds of appeal are mainly that the evidence upon which he was convicted was insufficient and that his confession was retracted and uncorroborated.…

…Mr Nyaga for the state did not support the conviction and on by own assessment of the evidence I am in agreement with both counsels that the conviction was unsafe.…

…The trial magistrate accepted the evidence of the record kept by the technician as well as evidence of the butchers but the appellant had not been issuing receipts any of them.…

…I have carefully gone through all the evidence adduced before the trial court.…

…(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 order of compensation of Ksh 5,000 is also quashed as there is no evidence that the complainant incurred any medical expenses. December 7 ,1987 TORGBOR JUDGE…

…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…