Judgment
Case law
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Division and case type: CriminalCriminal Case
…A notice to produce secondary evidence under section 69 of the Evidence Act (cap 80) is given to an adverse party who has the document in question or under whose power the document is.…
…They both say that copies were relied upon in disregard of the provisions of section 69 of the Evidence Act.…
Division and case type: CriminalCriminal Appeal
…Mr Muhia thereafter referred us to Section 25 and Section 28(b) of the Evidence Act and urges us to uphold his contention that the appellant’s confession could not, in law, be proved against him. 5.…
…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…
Division and case type: CivilCivil Case
…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…
…proceedings of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped…
Division and case type: CivilCivil Case
…It is regretted that due to the lapse of time and misapprehension of the effect of S.47 of the Evidence Act, which necessitated an appeal and the failure of the court of appeal to deal with the matter on the basis of the…
…proceedings of the lower court which were produced by the consent of the parties under S.61 of the Evidence Act as the parties had agreed to rely thereon during the proceedings, the parties herein have been seriously handicapped…
Division and case type: CivilCivil Appeal
…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…
Division and case type: CriminalCriminal Case
…In the circumstances an order of specific performance could not be issued. 16.Although the parties did not refer to it I am entitled, pursuant to section 60(1)(a) of the Evidence Act (Chapter 80 of the Laws of Kenya), to…
Division and case type: CriminalCriminal Case
…implicating unequivocally both himself and B, that confession is admissible and may be taken into consideration as against B as well as against A, subject, of course, to the conditions as to admissibility contained in the Evidence…
…Act.…