[2019] KEHC 3848 (KLR)
The court determined that due to the existence of material conflicts in the petition, answer, and cross petition, as well as in the supporting witness statements, it is necessary to take oral evidence to resolve the disputed issues. Written statements alone are insufficient where there are factual disputes that...
Source-derived case information.
- Citation
- [2019] KEHC 3848 (KLR)
- Parties
- Applicant: MTM; Respondent: SNM
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 2 of 2018
- Procedural Posture
- Divorce Cause / Pre Trial; Order for Oral Evidence
- Outcome
- Order for oral evidence; matter to proceed to hearing.
- Legal Topics
- Divorce Petition, Oral Evidence, Conflicting Affidavits
- 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
MTM
Applicant
SNM
Respondent
Procedural Posture
Divorce Cause / Pre Trial; Order for Oral Evidence
Legal Issues
- 1 Whether the conflicts in the petition, answer, and cross petition require resolution through oral evidence.
- 2 Whether the written witness statements are sufficient to determine the issues raised.
Ratio Decidendi
The court determined that due to the existence of material conflicts in the petition, answer, and cross petition, as well as in the supporting witness statements, it is necessary to take oral evidence to resolve the disputed issues. Written statements alone are insufficient where there are factual disputes that require assessment of credibility and direct examination. The court therefore directed the parties to fix a date for the hearing of oral evidence to ensure a fair and just determination of the divorce cause.
Court Disposition
Order for oral evidence; matter to proceed to hearing.
Orders
- The parties are directed to take a date for taking oral evidence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
DIVORCE CAUSE NO 2 OF 2018
MTM................................................................................APPLICANT
VERSUS
SNM..............................................................................RESPONDENT
ORDER
1. I have read the petition for divorce, the answer to the petition and thecross petition and I find there is conflict in the issues raised by the parties. I further find that there is conflict in the witness statements in support of the petition and the cross petition.
2. In the circumstances, I find that it is essential to take oral evidence to resolve the conflict raised in the petition, the answer to the petition and the cross petition.
3. The parties are hereby directed to take a date for taking the oral evidence.
4. Order signed and dated and delivered in open court at Narok this 3rd day of October, 2019 in the presence of Mr. Lempaa for the applicant and Mr. Kambo holding brief for Mr. Githui.
J. M. Bwonwonga
Judge
3/10/2019