[2023] KEELC 17607 (KLR)

[2023] KEELC 17607 (KLR)

The court found that the application by the 1st respondent to recall PW1 for further cross-examination was merited, particularly as there was no objection from the petitioner. The court exercised its discretion in favour of allowing the application, noting that the interests of justice would be served by permitting...

Source-derived case information.

Citation
[2023] KEELC 17607 (KLR)
Parties
Applicant: Silas Abong’o Amollo; Respondent: Jane Atieno Nyandiga; Respondent: Asego Divisional Land Dispute Tribunal; Respondent: The Senior Resident Magistrate Homa-Bay Law Court; Respondent: The Honourable Attorney General; Applicant: Ms Oguttu Mboya, Ochwal And Partners Advocates
Court
Environment and Land Court
Court Station
Environment and Land Court at Homa Bay
Jurisdiction
Kenya
Case Number
Environment & Land Petition 1 of 2022
Procedural Posture
Environment and Land Petition / Ruling on Application to Recall Witness for Further Cross Examination
Outcome
Application to recall PW1 for further cross-examination allowed.
Judges
GMA Ongondo
Legal Topics
Recall of Witness, Cross Examination, Judicial Review Proceedings, Land Dispute Tribunal, Fundamental Rights
Source Language
en
Civil Procedure Land and Property Recall of Witness Cross Examination Judicial Review Proceedings Land Dispute Tribunal Fundamental Rights

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Summary, issues, holding and outcome

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Parties

Silas Abong’o Amollo

Applicant

Jane Atieno Nyandiga

Respondent

Asego Divisional Land Dispute Tribunal

Respondent

The Senior Resident Magistrate Homa-Bay Law Court

Respondent

The Honourable Attorney General

Respondent

Ms Oguttu Mboya, Ochwal And Partners Advocates

Applicant

Procedural Posture

Environment and Land Petition / Ruling on Application to Recall Witness for Further Cross Examination

Legal Issues

  1. 1 Whether the 1st respondent should be allowed to recall PW1 for further cross-examination on the issue of judicial review proceedings at Kisii Law Courts.
  2. 2 Whether the application to recall the witness is merited in the circumstances.

Ratio Decidendi

The court found that the application by the 1st respondent to recall PW1 for further cross-examination was merited, particularly as there was no objection from the petitioner. The court exercised its discretion in favour of allowing the application, noting that the interests of justice would be served by permitting further cross-examination on the issue of judicial review proceedings at Kisii Law Courts, as referenced in the petitioner’s further statement. The absence of opposition and the proper service of the application on all parties further supported the court’s decision to grant the order sought.

Court Disposition

Application to recall PW1 for further cross-examination allowed.

Orders

  • PW1 to be recalled for further cross-examination on the issue of judicial review proceedings at Kisii Law Courts as per the petitioner’s further statement dated May 31, 2022.