[2021] KEHAT 671 (KLR)

[2021] KEHAT 671 (KLR)

The Tribunal found that the WhatsApp messages sought to be adduced by the Claimant were not relevant to the issues before it, as they did not disclose any discrimination or mention the Claimant's HIV status, nor did they reference any meetings or parties involved in the case. The messages were insults from a person identified as 'Kim', with no demonstrated link to the Respondent or the facts in dispute. The Claimant failed to establish the evidential value or direct connection between the messages, the sender, and the Respondent. The Tribunal emphasized that the burden of proof was on the Claimant to demonstrate such linkage, which was not met. Further, the Tribunal noted that the trial...

Citation
[2021] KEHAT 671 (KLR)
Parties
Applicant: PM; Respondent: TK
Court
HIV and AIDS Tribunal
Jurisdiction
Kenya
Judgment Date
25 June 2021
Case Number
Tribunal Case 32 of 2019
Procedural Posture
Miscellaneous Application / Post Hearing, Pending Judgment, Application to Adduce Further Evidence
Outcome
application dismissed
Judges
H Namisi, M. Ng’ania, Justus T. Somoire, M. Ndonga, AM Diriye, T Jama, D Jemator
Legal Topics
Adducing Fresh Evidence, Reopening Case, Burden of Proof, Relevance of Evidence
Source Language
English
Civil Procedure Adducing Fresh Evidence Reopening Case Burden of Proof Relevance of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

PM

Applicant

TK

Respondent

Procedural Posture

Miscellaneous Application / Post Hearing, Pending Judgment, Application to Adduce Further Evidence

Legal Issues

  1. 1 Whether the Tribunal should grant leave to the Claimant to adduce new evidence after the close of hearing.
  2. 2 Whether the Tribunal should issue a witness summons for the holder of the telephone number in question.

Ratio Decidendi

The Tribunal found that the WhatsApp messages sought to be adduced by the Claimant were not relevant to the issues before it, as they did not disclose any discrimination or mention the Claimant's HIV status, nor did they reference any meetings or parties involved in the case. The messages were insults from a person identified as 'Kim', with no demonstrated link to the Respondent or the facts in dispute. The Claimant failed to establish the evidential value or direct connection between the messages, the sender, and the Respondent. The Tribunal emphasized that the burden of proof was on the Claimant to demonstrate such linkage, which was not met. Further, the Tribunal noted that the trial...

Court Disposition

application dismissed

Orders

  • The Claimant's application to adduce further evidence and summon a witness is dismissed.
  • Each party shall bear his/her own costs.