Search court decisions

…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.…

…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.…

…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.…

…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.…

…He has not tendered any evidence to support this allegation. 12.…

…The evidence must show an infringement of a right, and the probability of success of the applicant’s case upon trial. That is clearly a standard which is higher than an arguable case.” 13.…

…The learned Resident Magistrate after finding in evidence that the Appellant was like a mother inlaw or aunt in-law to the deceased and hence in reality like a parent, he nevertheless found that a cousin to the deceased who…

…The learned Resident Magistrate made an erroneous finding of fact in concluding that the fencing of the suit land by the deceased with assistance by the respondent was evidence that the land had been gifted to the respondent…

…The elders considered the evidence on behalf of the plaintiffs, that the land was registered in the appellant’s name, although it belonged to his father, and that none of the parties was said to have bought the land.…

…The record shows that the elders heard and considered the defendant’s (appellant’s) evidence that he had purchased the land.…

…During the trial in the court below, there was evidence which the learned trial magistrate was entitled to and which said evidence the believed which showed that the applicant had left his motor vehicle in a stationery manner…

…The applicant has tried to introduce additional evidence before us to show that judgment had been entered.…

…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…

…The evidence of George Kaburu (PW 1) was that he saw the appellant standing by the side of the footpath and passed him without salutation. Immediately thereafter he was stabbed on the left hip.…

…The learned trial magistrate gave the summary of the evidence for the prosecution and the appellant and then stated that the appellant had been properly identified and convicted him.…