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Kenya Broadcasting Corporation v. Housing Finance Company of Kenya Limited, Attorney General & Kensko Agro-Products Limited

(2019) JELR 100119 (CA)

Court of Appeal  •  Civil Appeal 82 of 2018  •  7 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. At the heart of this appeal is whether the appellant had established its case against the 1st respondent and if so, whether the learned Judge (Omollo, J.) erred in entering the judgment dated 14th February, 2018 in the manner she did. Essentially, what we are being called upon to do is to reconsider whether the evidence tendered by the appellant as a whole warranted the suit being determined in its favour as opposed to the 1st respondent.

2. The general rule of law is that whoever desires a court to enter judgment with respect to any legal right or liability on the basis of facts which he/she asserts to exist is required to prove those facts. In other words, as per the well-known aphorism, ‘he who asserts must prove. See Sections 107 and 108 of the Evidence Act and Jennifer Nyambura Kamau v. Humphrey Mbaka Nandi [2013] eKLR.

3. The centrality of evidence in any case cannot be gainsaid and was succinctly appreciated by this Court in Nation Media Group v. Jakayo M…

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