[2021] KEELC 1892 (KLR)
The court found that the application to allow the plaintiffs' witnesses to testify via video link was merited. The reasons advanced, including the witnesses' residence abroad and the impact of the Covid-19 pandemic on court operations, were considered justifiable. The court noted that no prejudice would be suffered...
Source-derived case information.
- Citation
- [2021] KEELC 1892 (KLR)
- Parties
- Plaintiff: Umeed Ali Eraj; Plaintiff: Raana Sheldon Williams also known as Raana Fatima Eraj; Plaintiff: Adeel Haq; Plaintiff: Maria Bernadette Quadros (Suing as legal representative of the Estate of Doctor Yusuf Ali Eraj); Defendant: Balcon Housing Co. Ltd; Defendant: Stephen Nganga Gitau; Defendant: Solomon Kaguchia; Defendant: Solomon Gakunju (sued as official of Lumumba Drive Plot Owners Association)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 546 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Witness Testimony Via Video Link
- Outcome
- application allowed
- Judges
- LC Komingoi
- Legal Topics
- Video Link Testimony, Covid19 Court Procedure, Witness Evidence, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Umeed Ali Eraj
Plaintiff
Raana Sheldon Williams also known as Raana Fatima Eraj
Plaintiff
Adeel Haq
Plaintiff
Maria Bernadette Quadros (Suing as legal representative of the Estate of Doctor Yusuf Ali Eraj)
Plaintiff
Balcon Housing Co. Ltd
Defendant
Stephen Nganga Gitau
Defendant
Solomon Kaguchia
Defendant
Solomon Gakunju (sued as official of Lumumba Drive Plot Owners Association)
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Witness Testimony Via Video Link
Legal Issues
- 1 Whether the court should allow the plaintiffs' witnesses to testify via video link due to their residence abroad and the prevailing circumstances of Covid-19.
Ratio Decidendi
The court found that the application to allow the plaintiffs' witnesses to testify via video link was merited. The reasons advanced, including the witnesses' residence abroad and the impact of the Covid-19 pandemic on court operations, were considered justifiable. The court noted that no prejudice would be suffered by the defendants if the application was granted. In exercising its discretion, the court relied on statutory provisions and practice directions that empower it to permit electronic evidence and remote testimony. The court emphasized the need for innovation in court processes during the pandemic and held that the interests of justice would be served by granting the orders sought.
Court Disposition
application allowed
Orders
- The evidence of the plaintiff’s witness Raana Sheldon shall be taken through video link.
- The evidence of the plaintiff’s witness Rehana Vera Fatima Patel shall be taken through video link.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. 546 OF 2011
UMEED ALI ERAJ
RAANA SHELDON WILLIAMS ALSO KNOWNAS RAANA FATIMA ERAJ
ADEEL HAQ
MARIA BERNADETTE QUADROS
(Suing as legal representative of the Estate of Doctor Yusuf Ali Eraj).…PLAINTIFFS
VERSUS
BALCON HOUSING CO. LTD………………..…….......…………1ST DEFENDANT
1. STEPHEN NGANGA GITAU
2. SOLOMON KAGUCHIA
3. SOLOMON GAKUNJU (SUED AS OFFICIALS OF
LUMUMBA DRIVE PLOT OWNERS ASSOCIATION)...............2ND DEFENDANT
RULING
1. This is the Notice of Motion dated 16th June 2021 brought under Section 60 Evidence Act (Cap 80), Section 13(1) and (2) of the Environment and Land Act (No 19 of 2011), Section 1A and 1B and Section 81(3) of the Civil Procedure Act (Cap 21) and Practice Directions on Electronic Case Management through Video Conferencing, Rule 6 (2) Gazette Notice No 2357.
2. It seeks orders:-
1. Spent.
2. That honourable court be pleased to take the evidence of the plaintiff’s witness RAANA SHELDON through video link. RAANA Sheldon is resident in London United Kingdom.
3. That honourable court be pleased to take the evidence of the plaintiff’s witness Rehana Vera Fatima Patel through video link, Rehana Vera Fatima Patel is resident in Australia.
4. That the costs of this application be in the cause.
3. The grounds are on the face of the application and are set out in paragraphs (a) to (m).
4. The application is supported by the affidavit of Rehana Vera Fatima Patel, a beneficiary of the estate of Yusuf Eraj sworn on the 25th May 2021.
5. I have considered the Notice of Motion, the affidavits in support and the affidavits in response. I have also considered the submissions filed on behalf of the parties. The issue for determination is whether the application is merited.
6. The emergence of Covid-19 on the year 2020 has enabled courts to be innovative in the way to conduct their business. The request by the plaintiff is not unreasonable. The reasons given are justifiable. No prejudice will be occasioned to the defendants if the plaintiffs witnesses are allowed to testify via video link.
7. I find merit in this application and the same is allowed in terms of prayers no 2 and 3 of the application. The costs be in the cause
It is so ordered.
Dated, signed and delivered in Nairobi on this 23rd day of September 2021.
L. KOMINGOI
JUDGE
In the presence of:-
Mrs. Effendy for the Plaintiff
Ms Wangu for Mr. Kago for the 1st Defendant
Mr. Kimani for Mr. Gichachi for the 2nd Defendant
Steve – Court Assistant