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…The respondents have opposed the application on the ground that the contents of the amended witness statement of MAURICE O.…

…The material presented in the amended witness statement is critical to enable the Court to determine the issue in dispute.…

…“Narration”, as used in the judgement, in my understanding, only referred to the witness statements of the partis, and the trial court was just saying that the appellant ought to have relied on a witness statement by the…

…It is from this witness statement that it was noted that Dickens Wallace Makokha was not the driver of the accident vehicle, and the observation that the appellant would have better off with a witness statement by the driver…

…However, when RW3 took the stand, he expressly denounced the witness statement dated 24 th November 2022 that the Respondent sought to rely on.…

…The law regarding the evidentiary value of witness statements in civil proceedings is well settled. A written witness statement does not constitute evidence per se.…

…This Court proceeded to grant the said leave to amend the statement of defense, witness statement and supplementary list of documents based on the consent of the parties.…

…The introduction of the new evidence is evidenced by the further supplementary witness statement sworn by ANDREW MUCHINA on 3rd October 2023.…

…The gist of that objection is that the 5th Defendant did not file a witness statement upon which he can give evidence. On the other hand, Mr.…

…To hold otherwise would be an affront to his constitutional right to a fair hearing. of course it would be different if the position was that the 5th Defendant was intent on calling a witness without filing a witness statement…

…He disputed the plaintiff’s interpretation of his witness statement and stated that he does not admit to owing the plaintiff Kshs.29,000,000/=. 4.…

…He contended that his witness statement described an intended barter-based property transfer but the plaintiff rejected the property offer and demanded more than originally agreed.…

…That the Defendant be granted leave to file a supplementary witness statement made by himself.…

…That the statement of Daniel Muchoki Maina and the Supplementary witness statement be deemed as duly filed upon payment of the requisite court filing fees.…

…The advocate had the witness statements of the Appellant and her conductor. The witness statements show clearly that the said motor vehicle KCQ 773Y was a lorry which was carrying sand. 29.…

…That the witness statement is very much elaborative and the magistrate when she was shown the witness statement of the Appellant, she never commented about it.…

…The parties also filed respective Witness Statements. I will briefly recount the same as they were adopted at the trial as the Witnesses’ evidence-in-chief. Objector’s Witness Statements 11.…

…Administrator’s Witness Statements 14.…

…Surveyor, who relied his witness statement dated 26th March 2019; JOB NYAMODI OBIRI (PW 4), the Financial Manager with Gilfillan Air Conditioning Ltd who relied his witness statement dated 7th February 2018; DICKSON MURAGE…

…MUMBI (PW 5), the Project Manager of Yogi Plumbers Limited who relied on his witness statement dated 9th February 2018 and; ANDREW WAHOME MWANIKI(PW 6) an Engineer with Asahi Consulting Limited who relied on his witness…

…On whether the judgment on admission based on a witness statement was regular, the respondents submitted that the applicants allege that the court relied on erroneous witness statements and that they were not granted an opportunity…

…The respondents further asserted that no claim had been made that the maker of the witness statement had his statement forged.…

…In her place, Johnstone Wasonga, who is said to be conversant with the facts and circumstances of the matter, has recorded a witness statement dated 18th November 2025.…

…Equally undisputed is that the witness statement of Johnstone Wasonga, dated 18th November 2025, is substantially identical to Olga’s, save for differences in name and job description. 9.…

…Rather his witness statement was adopted without even calling him to adopt it under oath.…

…The witness statement of the driver was discounted by the strong evidence offered by PW 2 on his eye-witness account of what occurred. 31.…

…The Applicant seeks leave to file and serve a further defence witness statement and documents to introduce new evidence discovered regarding the identity of the Plaintiff.…

…The said witness statement and documents shall be deemed duly filed upon payment of the requisite court fees. iii.…

…The matter was set down for hearing where the Plaintiff testified as PW 1 and he relied on his witness statement dated 6th September 2013.…

…The Plaintiff as also called as his witnesses; MOHAMMED KUNYOW FARAH (PW 2) who relied on his witness statement dated 6th September 2013 and YUNIS ISAACK IBRAHIM (PW 3) who relied on his witness statement dated 6th September…

…The matter was set down for hearing where the Plaintiff testified as PW 1 and he relied on his witness statement dated 6th September 2013.…

…The Plaintiff as also called as his witnesses; MOHAMMED KUNYOW FARAH (PW 2) who relied on his witness statement dated 6th September 2013 and YUNIS ISAACK IBRAHIM (PW 3) who relied on his witness statement dated 6th September…

…The matter was set down for hearing where the Plaintiff testified as PW 1 and he relied on his witness statement dated 6th September 2013.…

…The Plaintiff as also called as his witnesses; MOHAMMED KUNYOW FARAH (PW 2) who relied on his witness statement dated 6th September 2013 and YUNIS ISAACK IBRAHIM (PW 3) who relied on his witness statement dated 6th September…

…It could be that the appellant has in mind the witness statements that it filed simultaneously with its defence. It did not file a single witness statement.…

…The mere filing of the witness statement, which is unsworn, does not give it any evidential value. Value lies with its adoption by a sworn witness. 13.…

…The Honourable Court be pleased to grant the defendant/applicant leave to: i. amend its further amended statement of defence and counterclaim. ii. file a further witness statement, and iii. amend its list of documents in…

…terms of the attached further statement of defence and counterclaim, further witness statement and amended list of documents. 2) The attached further statement of defence and counterclaim, further witness statement and amended…