Search court decisions

…value and relied on evidence of little or no probative value , failing to consider the totality of the evidence and proceedings on record, failing to consider the appellant submissions on liability and as a result ended…

…value to the respondent’s case.…

…There is no probative value in the allegation that the appellant’s known sandals had left their prints on the soil where PW1 was attacked. Appeal allowed. Cases 1.…

…There is no probative value in the allegation by PW 2 that the appellants known sandals had left their prints on the soil where the PW1 was attacked.…

…There is no probative value in the allegation that the appellant’s known sandals had left their prints on the soil where PW1 was attacked. Appeal allowed. Cases 1.…

…There is no probative value in the allegation by PW 2 that the appellants known sandals had left their prints on the soil where the PW1 was attacked.…

…The Appellant contended that the unsworn statement had no probative value to be relied upon by the trial court.…

…whose maker does not testify and the admissibility and probative value of a report and oral evidence by a qualified expert which are not controverted.…

…That, although it has some probative value, its absence is not fatal to the case.…

…On probative value to be given to a police sketch map, we are aware that a police sketch map for a road traffic accident is prepared after the event, it is not an eye witness account.…

…That the trial court erred in law and fact by relying on evidence that was flimsy, inconsistent and lacked probative value to convict the appellant. v.…

…He submitted that the said evidence lacked probative value and should be disregarded. 13.…

…He raised the following grounds of appeal: a) The learned trial magistrate erred both in law and fact by convicting the appellant on evidence that lacked probative value and hence did not meet the minimum threshold in criminal…

…He raised the following grounds of appeal: a) The learned trial magistrate erred in both fact and law by convicting me on evidence that did not meet the minimum threshold, which hence lacked the probative value to uphold…

…He raised the following grounds of appeal: a) The learned trial magistrate erred in matters of law and fact by failing to observe that the evidence procured by the prosecution did not have any probative value. b) The learned…

…While these discrepancies are not entirely seamless, they are not of such material weight as to dislodge the probative value of the evidence as a whole 22.…

…value because it involves a familiar cognitive process rather than a fresh observation.…

…value. f) That the learned trial Magistrate erred in law and in fact by failing to appreciate the alleged inadequacies in the investigations conducted by the investigating officer. g) That the learned trial Magistrate erred…

…value because it involves a familiar cognitive process rather than a fresh observation.…

…lower court erred in law and fact by disregarding the appellant’s mitigation. c) The trial court erred in law and fact by failing to consider that the prosecution''s witnesses were inconsistent and their evidence lacked probative…

…value. d) The trial court erred in law and fact by neglecting to consider that no DNA test was carried out to establish whether the appellant committed the alleged offence. 4.…

…The learned trial magistrate failed to properly scrutinize the evidence of prosecution witnesses and to exercise due caution, resulting in a conviction based on flimsy, inconsistent, and insufficient evidence that lacked probative…

…value to justify a conviction. f) The trial court erred in law and fact without observing that there were no substantive investigations by the I.O., thereby basing the conviction on mere allegations and fabrication.…

…His defense is purely denial with no corroborative evidence and as such of less or no probative value and I proceed to dismiss the same. Disposition 24.…

…Her evidence has no probative value. She cannot disown the copy of the police abstract report that was produced without explanation. 13.…

…values to justify a conviction. g.…

…That the evidence adduced by the 1.O was insufficient, fabricated and lacked probative value to justify a conviction. 45.…

…of the trial court on the following grounds: a) That the learned trial Magistrate erred in law and in fact by convicting the Appellants on evidence that failed to meet the requisite legal threshold and lacked sufficient probative…

…value to sustain a conviction, thereby arriving at an erroneous and unjust decision. b) That the learned trial Magistrate erred in law and in fact by relying on prosecution evidence that was fraught with material inconsistencies…

…I do not find the evidence of PW3 to the effect that the plaintiff’s average monthly profit was Shs 3,500/- to be of significant probative value on this aspect. It is a largely imagined figure.…

…The Appellants submitted that the trial court erred by failing to give the abstract probative value or provide reasons for disregarding it. 10.…

…They cited the case of Abdul Hameed Saif v Ali Mohamed Sholan (1955) EACA 270 , where evidence from a witness directly involved at the scene was accorded significant probative value where it was consistent and unshaken under…

…the burden of proof to the Appellant which is contrary to the provisions of the Evidence Act, Cap 80 Section107. c) THAT learned trial Magistrate erred in both law and fact by holding that the prosecution evidence had the probative…

…value to sustain a s safe conviction without further corroboration. 5.…