[2023] KEELC 17527 (KLR)

[2023] KEELC 17527 (KLR)

The court held that a witness who was not present at the meeting and did not sign the minutes is not competent to produce the minutes as evidence. The rationale is that only a person with direct knowledge of the meeting or who can answer questions about the document's authenticity and contents is qualified to...

Source-derived case information.

Citation
[2023] KEELC 17527 (KLR)
Parties
Plaintiff: Veronica Wanjiku Maina; Defendant: Hezekiah Ithagu Mwangi
Court
Environment and Land Court
Court Station
Environment and Land Court at Nakuru
Jurisdiction
Kenya
Case Number
Environment & Land Case 231 of 2012
Procedural Posture
Environment and Land Case / Ruling on Admissibility of Documentary Evidence
Outcome
Objection to production of minutes by absent witness upheld.
Judges
FM Njoroge
Legal Topics
Admissibility of Evidence, Documentary Evidence, Witness Competence
Source Language
en
Civil Procedure Land and Property Admissibility of Evidence Documentary Evidence Witness Competence

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Summary, issues, holding and outcome

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Parties

Veronica Wanjiku Maina

Plaintiff

Hezekiah Ithagu Mwangi

Defendant

Procedural Posture

Environment and Land Case / Ruling on Admissibility of Documentary Evidence

Legal Issues

  1. 1 Whether a witness who was absent from a meeting is competent to produce the minutes of that meeting as evidence.

Ratio Decidendi

The court held that a witness who was not present at the meeting and did not sign the minutes is not competent to produce the minutes as evidence. The rationale is that only a person with direct knowledge of the meeting or who can answer questions about the document's authenticity and contents is qualified to introduce such evidence. The objection to the production of the minutes by the absent witness was therefore upheld.

Court Disposition

Objection to production of minutes by absent witness upheld.

Orders

  • The objection by Ms Njoroge is upheld. The witness is not permitted to produce the minutes of the meeting of May 12, 1993.