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…That the learned trial magistrate erred in law when he gave probative value to reports on Sugarcane yield and production the same having been produced contrary to Section 35 and 36 of the Evidence Act Cap 80 Laws of Kenya…

…That the learned trial magistrate in law and in fact by giving probative value to sugarcane yield report produced by the Plaintiff as evidence without taking into consideration that: A report specifically made for South…

…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.…

…not available at the time of trial and which, despite exercise of due diligence, could not have been availed at the trial”; and “compelling evidence” implies “evidence that would have been admissible at the trial, of high probative…

…value and capable of belief, and which, if adduced at the trial would probably have led to a different verdict.”…

…Whether the Defence Forensic Report Has Probative Value; ii. Whether the Plaintiff proved the existence of a valid loan facility between the parties; iii.…

…Whether the defence Forensic Report has probative value 33.…

…value, is capable of belief and which, if adduced at the trial, would probably have led to a different verdict.…

…the material placed before the Court, I am satisfied that the proposed evidence is directly relevant to an issue arising in the appeal and is capable, depending on the findings ultimately made as to its authenticity and probative…

…In this case the Court decided that the unsworn evidence was not of any probative value. The court finds no mistake or error in law in that holding. 28.…

…In Amber May vs The Republic [1999] KLR 38, the High Court held that unsworn statement has no probative value notwithstanding the provisions Section 211(1) of the Criminal Procedure Code.…

…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.…

…Its grounds revolve around the charge being incurably defective and bad for duplicity; the evidence being contradictory; the evidence lacking probative value; the defence being disregarded; the sentence being harsh; and fair…

…On the evidence lacking probative value, again, I have scoured the entire record, and I have not come across material that was not of value. 11.…

…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.…

…Ltd v Paramount Universal Bank Ltd & 2 Others [2009] eKLR, the Court held: “It is trite that where a party fails to adduce evidence in support of its pleadings, the pleadings remain mere statements of facts and have no probative…

…value.”…

…They therefore argued that the judgment is inadmissible, and possesses little or no probative value in these proceedings. The Court was therefore asked to dismiss the Application with costs.…

…The Respondent, on the other hand, argues that the Judgment sought to be introduced is being introduced late in time after it has significantly prosecuted its case, and that it would have little to no probative value, as…

…not available at the time of trial and which, despite exercise of due diligence, could not have been availed at the trial”; and “compelling evidence” implies “evidence that would have been admissible at the trial, of high probative…

…value and capable of belief, and which, if adduced at the trial would probably have led to a different verdict.”…

…Ground two of the record of appeal contests the position of the trial court in holding that the Police Abstract produced by the Plaintiff during trial was of no probative value. 23.…

…He chose not to avail the maker of the police abstract for hence the police abstract was of little to no probative value.…

…Of more probative value is the averments that the 1 st respondent has failed to give information which would enable the applicant conduct a fair inquiry as to why and for what purpose he received the said amount.…

…According to the Appellant, the central issue in the appeal concerned the admissibility and probative value of the expert opinion tendered by the agricultural officer, one Robert Sakora, in proof of the special damages claimed…

…Consequently, the trial court correctly found the evidence to be lacking in probative value and properly dismissed the suit. [32] The Respondent was emphatic that the mere existence of a single expert report does not compel…

…At this stage, and without delving into the probative value or resolving any inconsistencies in that evidence, I am persuaded that a prima facie case has been disclosed. 6.…

…Onyango) from the bar have no probative value and in the absence of any opposition to the summons I do hereby allow it and make the following orders: 1.…

…The production or admission of documents in evidence does not mean that the court has given them an identified weight of their probative value.…

…The Court of Appeal held in Chengo Kitsao Chengo v Umoja Rubber Products Ltd [2017] KECA 648 (KLR) that; ‘Indeed, the mere admission of documents into evidence does not render them credible, reliable or of probative value…