Search court decisions

…What is the quality of the identification evidence?…

…It is this evidence which has to be considered in the light of the guildeliness regarding evidence of identification which were set out in the case of Turnbull v R [1976] 23 WLR 445 see also in Anjozi v Republic [1980] KLR…

…There was very little evidence to show that Agustus had that money and where he had kept it. The only real evidence against the appellant was an allegation by PC.…

…PW.2 being a police constable could not take any confession from the appellant and his evidence ought to have been ignored.…

…The issue of jurisdiction was decided, “on the evidence” before Golf, J.…

…It is immaterial whether the evidence is scanty or limited. Scanty or limited facts constitute the evidence before the court.…

…In Indian proceedings a Mrs Ingles had given evidence which supported the wife’s claim, and hence the pypothesis of the wife’s adultery.…

…Such evidence was given on commission and taken down by commissioner who signed the document.…

…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.…

…Case No 496 of 1990 of the Resident Magistrate’s Court at Mombasa, G M Njuguna, Esq, RM) RULING A witness by the name S Pandya was summoned to appear before Resident Magistrate in the above Criminal Case on 14/8/90 to give evidence…

…of that evidence so it is worthless and cannot be convicted on but Mr.…

…Cap 15 and S.124 of Evidence Act deal withChildren's evidence under our statute law.…

…Evidence is not to be pleaded.…

…The previous driver who had the car since morning is unknown and as such did not give evidence. The evidence of the plaintiff has been corroborated by the two defence witness.…

…He accepted the evidence adduced by the prosecution witnesses in full.…

…then hear the accused and his witnesses and other evidence if (any).”…

…Until such time as there is denite agreement on the issues at hand, such correspondence cannot be used as evidence against any of the parties.…

…Where a document contains an admission there is provision under Section 23 of the Evidence Act Cap 80 which states: “In all civil cases no admission may be approved if it is made either upon an express condition that evidence…

…Also that the Trial Magistrate erred in relying on the evidence of PW 2, PW3 and PW4 and that the defendant evidence was disregarded. Finally that the sentence is harsh and excessive.…

…The evidence as to what happened at the scene is given by PW1, David Otieno. He said he was at the Mombasa Beach with his friend Magdaline Gakii. This lady was not called to give evidence at all.…

…The said drug and the cloth containing the pocket where it was found were produced in evidence (Ex1 & 2).…

…Learned trial magistrate considered the evidence before him and believed the evidence of the two police officers (PW1 and PW2) that it was from the person of the appellant and not any other person that they had found the…

…The evidence of these three witnesses were taken by Mr Mganga between 22nd January, 1986, and 14th August 1987.…

…But even on the evidence itself it was the duty of the prosecution to prove the charge against the two appellants beyond any reasonable doubt and on the evidence brought by the prosecution I think that the appellants ought…

…It is the evidence of P.W.2 who lives in a neighbouring compound that at the same time he was awoken by noise of barking dogs and an alarm from P.W.1’s compound.…

…It is then in the evidence of P.W.2 to the effect the man whom he shot had severally pelted stones at him despite being shot at.…

…The evidence adduced in the court below is well set out in the Judgment of the learned trial Magistrate.…

…Upon my own evaluation and consideration of the recorded evidence, I am satisfied that the conviction of the Appellant was based on sound and reliable evidence.…

…The applicant has not effectively challenged that evidence.…

…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…

…Accordingly none of the parties to it or any other person would adduce them in evidence in subsequent proceedings without the consent of the parties to it.…

…Mr Mburu appears to have overlooked the fact that privilege is a rule of evidence. It stems from public policy.…

…The complainant was not staying in that house and she stated in her evidence that there was another school boy called Charo who was looking after the house for her.…

…That boy was not called to give evidence and say how the property of PW.1 were removed from her house. As Mr. Metho also rightly points out, there was no certain and clear evidence that the house in which Sgt.…

…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.…