[2000] KEHC 226 (KLR)

[2000] KEHC 226 (KLR)

The court found that the respondent, residing in Germany, had provided sufficient medical and financial evidence to demonstrate her inability to travel to Kenya to give evidence in person. The court held that the right to be heard is fundamental and, in the circumstances, the interests of justice required that the respondent be allowed to adduce her evidence by commission. The court was satisfied that this was a suitable case for the issuance of a commission for the examination of the respondent abroad, as the evidence was crucial to the fair determination of the divorce proceedings.

Citation
[2000] KEHC 226 (KLR)
Parties
Petitioner: TMG; Respondent: MEHS
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
28 June 2000
Case Number
? 116 of 1995
Procedural Posture
Divorce Petition / Ruling on Interlocutory Application for Commission to Take Evidence Abroad
Outcome
application allowed
Judges
JL Osiemo
Legal Topics
Divorce Procedure, Evidence by Commission, Examination of Witnesses Abroad
Source Language
English
Family and Children Divorce Procedure Evidence by Commission Examination of Witnesses Abroad

Case Brief

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Parties

TMG

Petitioner

MEHS

Respondent

Procedural Posture

Divorce Petition / Ruling on Interlocutory Application for Commission to Take Evidence Abroad

Legal Issues

  1. 1 Whether the court should issue a commission for the examination of the respondent residing outside the jurisdiction.
  2. 2 Whether the respondent should be allowed to adduce and prove her evidence by commission due to illness and impecuniosity.

Ratio Decidendi

The court found that the respondent, residing in Germany, had provided sufficient medical and financial evidence to demonstrate her inability to travel to Kenya to give evidence in person. The court held that the right to be heard is fundamental and, in the circumstances, the interests of justice required that the respondent be allowed to adduce her evidence by commission. The court was satisfied that this was a suitable case for the issuance of a commission for the examination of the respondent abroad, as the evidence was crucial to the fair determination of the divorce proceedings.

Court Disposition

application allowed

Orders

  • A commission is issued for the examination of the respondent MEHS resident in Germany.
  • Leave is granted to the respondent to adduce and prove her evidence in respect of the facts and allegations contained in the amended petition, answer to the amended petition, and cross-petition under the commission issued.