[2017] KEELC 247 (KLR)
The court found that the certified copy of the judgment was properly certified by the Deputy Registrar, indicating the existence of the original judgment. No evidence was presented to cast doubt on the existence or authenticity of the judgment. The court further noted that the Deputy Registrar would have relied on...
Source-derived case information.
- Citation
- [2017] KEELC 247 (KLR)
- Parties
- Plaintiff: Mohamed Bwana Bwannadi; Plaintiff: Abdulrazak Khalifa; Defendant: Abdulrahman Khator & 9 Others; Applicant: Mohamed Bwana Bwannadi & Abdulrazak Khalifa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 414 of 1996
- Procedural Posture
- Miscellaneous Application / Ruling on Objection to Production of Certified Judgment
- Outcome
- Objection overruled; certified judgment admitted.
- Judges
- LC Komingoi
- Legal Topics
- Admissibility of Evidence, Certified Copies, Judicial Notice, Production of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mohamed Bwana Bwannadi
Plaintiff
Abdulrazak Khalifa
Plaintiff
Abdulrahman Khator & 9 Others
Defendant
Mohamed Bwana Bwannadi & Abdulrazak Khalifa
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Objection to Production of Certified Judgment
Legal Issues
- 1 Whether a certified copy of a judgment without a case title or number is admissible in evidence.
- 2 Whether the objection to the production of the certified judgment is merited.
Ratio Decidendi
The court found that the certified copy of the judgment was properly certified by the Deputy Registrar, indicating the existence of the original judgment. No evidence was presented to cast doubt on the existence or authenticity of the judgment. The court further noted that the Deputy Registrar would have relied on official records or registers to certify the document. The objection based on the absence of a title or case number was found to be without merit, as the certification process and the absence of any evidence to the contrary were sufficient to establish the document's admissibility. The court overruled the objection and allowed the production of the certified judgment.
Court Disposition
Objection overruled; certified judgment admitted.
Orders
- The objection to the production of the certified judgment is overruled.
- The certified copy of the judgment is proper and can be produced.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRIONEMNT & LAND COURT
AT MOMBASA
ELC CASE NO. 414 OF 1996
MOHAMED BWANA BWANNADI..............................1ST PLAINTIFF
ABDULRAZAK KHALIFA...........................................2ND PLAINTIFF
-VERSUS-
ABDULRAHMAN KHATOR & 9 OTHERS.................DEFENDANTS
RULING
1. Mr. Mogaka for the 8th Defendant objects to the production of the judgment as it has no title or number of the case.
2. Mr. S. M. Kimani contends that a certified document is a proper document. That the same is titled and no part of it is missing. He prays that the court dismisses the objection.
3. I have considered the submissions of counsel and the relevant provisions of the law. The said judgment is certified as a true copy of the original by the Deputy Registrar.
4. Mr. Mogaka has not objected to the production of the decree which was extracted from the said judgment.
5. Section 35(2) of the Evidence Act states
“In an Civil proceedings, the court may at any state of the proceedings, having regard to all the circumstances of the case it is satisfied that undue delay or expense would otherwise be caused order that such statement as is mentioned in subsection (1) of this section shall be admissible or may, without any such order having been made, admit such a statement in evidence;
a) Notwithstanding that the maker of the statement is available but is not a witness.
b) Notwithstanding that the original document is not produced, in in lieu thereof there is produced a copy of the original document or of the material part thereof certified to be a true copy in such manner as may be specified in the order or the court may approve as the case may be.”
6. From the foregoing, I am of the view that the Deputy Registrar certified the judgment because such a judgment indeed existed. No material has been placed before the court for the court to doubt the existence of such a judgment.
7. The court takes judicial notice of the fact that it may not be easy to trace the physical file. The Deputy Registrar must have referred to a register of some sorts in order to certify the judgement.
For these reasons, I find Mr. Mogaka’s objection to be without merit and the same is overuled.
The certified copy of the judgment is proper and the same can be produced.
It is so ordered.
DATED, SIGNED and DELIVERED at Mombasa on the 19th day of December, 2017.
L. KOMINGOI
JUDGE
19/12/2017