[2012] KEHC 586 (KLR)

[2012] KEHC 586 (KLR)

The court held that the use of affidavit evidence in matrimonial causes is an exception to the general rule requiring viva voce testimony. The Applicant's temporary absence from the country did not justify a departure from this rule, especially as she did not indicate a permanent relocation or an extended absence....

Source-derived case information.

Citation
[2012] KEHC 586 (KLR)
Parties
Applicant: D. N. K.; Respondent: J. H. K.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
25 October 2012
Case Number
Divorce Cause 44 of 2012
Procedural Posture
Divorce Cause / Ruling on Interlocutory Application
Outcome
application dismissed
Judges
CM Njagi
Legal Topics
Matrimonial Causes Procedure, Affidavit Evidence, Viva Voce Evidence
Source Language
english
Family and Children Matrimonial Causes Procedure Affidavit Evidence Viva Voce Evidence

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Summary, issues, holding and outcome

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Parties

D. N. K.

Applicant

J. H. K.

Respondent

Procedural Posture

Divorce Cause / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the court should allow the Petitioner to adduce evidence by affidavit instead of viva voce due to her temporary absence from the country.

Ratio Decidendi

The court held that the use of affidavit evidence in matrimonial causes is an exception to the general rule requiring viva voce testimony. The Applicant's temporary absence from the country did not justify a departure from this rule, especially as she did not indicate a permanent relocation or an extended absence. The court found that the circumstances did not warrant the blanket application of affidavit evidence and emphasized the importance of oral testimony in matrimonial proceedings. Consequently, the application to adduce evidence by affidavit was dismissed, and the Petitioner was directed to prepare to give oral evidence upon her return.

Court Disposition

application dismissed

Orders

  • The application to adduce evidence by affidavit is dismissed.
  • A fresh date for the hearing of the Petition to be taken at the registry.