[2018] KEELC 1141 (KLR)
The court held that the Land Registrar, being a public officer, is obligated to provide truthful evidence whenever called upon, regardless of which party lists him as a witness. The court found no valid reason to prevent the plaintiff from proceeding with the examination-in-chief of the Land Registrar. To ensure...
Source-derived case information.
- Citation
- [2018] KEELC 1141 (KLR)
- Parties
- Plaintiff: Jayesh Autospares Ltd; Defendant: Kapterit Rapid Company Ltd; Defendant: John Wepukhulu Waliaula; Defendant: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 73 of 2013
- Procedural Posture
- Land Case / Ruling on Examination of Witness
- Outcome
- Application to proceed with examination-in-chief of Land Registrar allowed.
- Judges
- FM Njoroge
- Legal Topics
- Examination of Witnesses, Land Registrar Testimony
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jayesh Autospares Ltd
Plaintiff
Kapterit Rapid Company Ltd
Defendant
John Wepukhulu Waliaula
Defendant
The Attorney General
Defendant
Procedural Posture
Land Case / Ruling on Examination of Witness
Legal Issues
- 1 Whether the plaintiff is entitled to proceed with the examination-in-chief of the Land Registrar as a witness.
- 2 Whether the State Counsel or any other party may cross-examine the Land Registrar after the plaintiff's examination-in-chief.
Ratio Decidendi
The court held that the Land Registrar, being a public officer, is obligated to provide truthful evidence whenever called upon, regardless of which party lists him as a witness. The court found no valid reason to prevent the plaintiff from proceeding with the examination-in-chief of the Land Registrar. To ensure fairness, the court directed that after the plaintiff's examination-in-chief, the State Counsel would have the first opportunity to examine the Land Registrar before any other party cross-examines him. This approach upholds the principles of fair hearing and proper administration of justice.
Court Disposition
Application to proceed with examination-in-chief of Land Registrar allowed.
Orders
- The plaintiff is allowed to proceed with the examination-in-chief of the Land Registrar.
- The State Counsel will have the first opportunity to examine the Land Registrar before any other party cross-examines him.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 73 OF 2013
JAYESH AUTOSPARES LTD ............................................ PLAINTIFF
VERSUS
KAPTERIT RAPID COMPANY LTD .................... 1ST DEFENDANT
JOHN WEPUKHULU WALIAULA ...................... 2ND DEFENDANT
THE ATTORNEY GENERAL ............................... 3RD DEFENDANT
R U L I N G
1. I have considered the submissions of the parties. The State Counsel never listed the Land Registrar as one of the State’s witnesses. The plaintiff listed him among his witnesses. In my view the Land Registrar is supposed to give truthful evidence at any time when he is testifying before the court; whether called by the plaintiff or by any other party. Any dissatisfaction with what he has stated can be dealt with by way of cross-examination. I will allow the plaintiff to proceed with the examination-in-chief of the Land Registrar. Thereafter, the State Counsel will have the first opportunity to examine him before any other party cross-examines him.
2. Hearing to proceed.
Dated, signed and delivered at Kitale on this 30th day of October, 2018.
MWANGI NJOROGE
JUDGE
30/10/2018
Coram:
Before Hon. Mwangi Njoroge, Judge
Court Assistant - Picoty
N/A for the partoes
COURT
Ruling read in open court.
MWANGI NJOROGE
JUDGE
30/10/2018