[2019] KEELC 584 (KLR)
The court held that since it had previously ruled that the original letter dated 20.4.2000 must be produced and the defendant had not complied, the objection to producing a copy was sustained. The defendant was directed to avail the original document. Regarding the electricity bills, the court found that their...
Source-derived case information.
- Citation
- [2019] KEELC 584 (KLR)
- Parties
- Plaintiff: Joseph Kihara Gitui; Defendant: Charles Kinyua Kihuto
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 10 of 2018
- Procedural Posture
- Land and Property Suit / Ruling on Evidentiary Objection
- Outcome
- Objection to production of copy of letter sustained; objection to electricity bills overruled.
- Legal Topics
- Admissibility of Evidence, Documentary Evidence, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kihara Gitui
Plaintiff
Charles Kinyua Kihuto
Defendant
Procedural Posture
Land and Property Suit / Ruling on Evidentiary Objection
Legal Issues
- 1 Whether the defendant can produce a copy of a letter dated 20.4.2000 as evidence when the original was previously ordered to be availed.
- 2 Whether electricity bills tendered by the defendant are admissible as evidence.
Ratio Decidendi
The court held that since it had previously ruled that the original letter dated 20.4.2000 must be produced and the defendant had not complied, the objection to producing a copy was sustained. The defendant was directed to avail the original document. Regarding the electricity bills, the court found that their evidential value could be tested through cross-examination and thus declined to uphold the objection, admitting the bills as evidence for the defendant.
Court Disposition
Objection to production of copy of letter sustained; objection to electricity bills overruled.
Orders
- Defendant is directed to avail the original letter dated 20.4.2000.
- Electricity bills are admitted as evidence for the defendant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 10 OF 2018
JOSEPH KIHARA GITUI.....................PLAINTIFF
VERSUS
CHARLES KINYUA KIHUTO........ DEFENDANT
RULING
1. On 2. 10. 2019, Mr. Ashaba, appearing for the plaintiff objected to the production of two defence documents which are a letter dated 20. 4.2000 and the electricity bills. As far as the letter of 20. 4.2000 is concerned, Mr. Ashaba stated that defendant is not the author and that on 19. 12. 2018, defendant had been ordered to avail the original document. As for the electricity bills, Mr. Ashaba averred that they are of no evidential value.
2. In response, defendant averred that the letter of 20. 4.2000 is certified. For the electricity bills, he avers that he was staying there and he is the one who was paying the bills.
3. I find that the court gave a ruling regarding the production of the letter dated 20. 4.2000 on 19. 12. 2018, whereby the court disallowed the production of the copy. On that day defendant had sought time to avail the original. In the circumstances the objection is sustained. Defendant is directed to avail the original document.
4. As for the electricity bills, the plaintiff’s side is at liberty to cross examine the witness on the relevancy of the same. I decline to uphold the objection. I direct that the said bills be admitted as evidence of the defendant.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 4TH DECEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Muchomba holding brief for Ashaba for plaintiff
Plaintiff
Defendant
HON. LUCY. N. MBUGUA
ELC JUDGE