[2023] KEELC 17600 (KLR)
The court found that the authenticity of P-Exhibit 11 had not been specifically challenged by the objecting party, and that the veracity and legitimacy of the document could be tested during cross-examination. Since the objector did not provide any contrary document or evidence to challenge the exhibit, and the...
Source-derived case information.
- Citation
- [2023] KEELC 17600 (KLR)
- Parties
- Plaintiff: Meresia Akeyo Obara; Defendant: Harambee Co-operative Savings & Credit Society Limited; Defendant: Mild Steel Engineering Works Ltd; Defendant: Melitus Oluoch
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 1588 of 2014
- Procedural Posture
- Civil Suit / Ruling on Evidentiary Objection
- Outcome
- Objection overruled; document admitted as evidence.
- Judges
- LN Mbugua
- Legal Topics
- Admissibility of Evidence, Documentary Evidence, Objections to Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meresia Akeyo Obara
Plaintiff
Harambee Co-operative Savings & Credit Society Limited
Defendant
Mild Steel Engineering Works Ltd
Defendant
Melitus Oluoch
Defendant
Procedural Posture
Civil Suit / Ruling on Evidentiary Objection
Legal Issues
- 1 Whether P-Exhibit 11 should be admitted as evidence despite objection regarding its originality.
Ratio Decidendi
The court found that the authenticity of P-Exhibit 11 had not been specifically challenged by the objecting party, and that the veracity and legitimacy of the document could be tested during cross-examination. Since the objector did not provide any contrary document or evidence to challenge the exhibit, and the witness had no other original to produce, the court ruled that the objection was not upheld. Consequently, P-Exhibit 11 was admitted as evidence.
Court Disposition
Objection overruled; document admitted as evidence.
Orders
- P-Exhibit 11 is admitted in evidence as an exhibit.
Full Case Text
Judgment text and source record
21 paragraphs
Obara v Harambee Co - operative Savings & Credit Society Limited & 2 others (Environment and Land Case Civil Suit 1588 of 2014) [2023] KEELC 17600 (KLR) (29 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17600 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Case Civil Suit 1588 of 2014
LN Mbugua, J
May 29, 2023
Between
Meresia Akeyo Obara
Plaintiff
and
Harambee Co - operative Savings & Credit Society Limited
1st Defendant
Mild Steel Engineering Works Ltd
2nd Defendant
Melitus Oluoch
3rd Defendant
Ruling
1. This ruling relates to the objection raised by Mr Chege counsel for 1st defendant that P-Exhibit 11 is not an original of the copy found in the file. In response, Mr. Ongegu counsel for the plaintiff stated that the purported original document is what was given to the recipient.
2. I find that the authenticity of the document has not been challenged. The veracity and legitimacy of the said document can be put into question during cross examination; see Ntarangwi MiIkiara V. Jackson Munyua Mutuera [2018] eKLR. After all, the witness has no other original save what she is availing to the court. Further, Mr. Chege has not availed any document challenging exhibit 11. In that regard, the objection is not upheld. The document shall be admitted in evidence as an exhibit.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 29TH DAY OF MAY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Mr. Mwendo for 2nd – 3rd DefendantsChege for 1st DefendantOngegu for PlaintiffCourt assistant: Eddel