[2009] KEHC 787 (KLR)
The court found that the documents MFI-10, MFI-11, and MFI-12 were relevant to the matters in issue as they demonstrated that the plaintiff was the owner of the goods alleged to have gone missing. The documents, being original and issued to the plaintiff, were admissible as evidence of ownership. The court held that...
Source-derived case information.
- Citation
- [2009] KEHC 787 (KLR)
- Parties
- Plaintiff: Zaverchand Padamshi Shah; Defendant: National Cereals & Produce Board
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 34 of 2006
- Procedural Posture
- Civil Suit / Ruling on Admissibility of Documentary Evidence
- Outcome
- The documents MFI-10, MFI-11, and MFI-12 are admissible as evidence of ownership by the plaintiff.
- Legal Topics
- Admissibility of Evidence, Ownership of Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zaverchand Padamshi Shah
Plaintiff
National Cereals & Produce Board
Defendant
Procedural Posture
Civil Suit / Ruling on Admissibility of Documentary Evidence
Legal Issues
- 1 Whether the documents MFI-10, MFI-11, and MFI-12 are admissible as evidence of ownership of goods by the plaintiff.
- 2 Whether the plaintiff can produce the documents as proof of ownership in the suit against the defendant.
Ratio Decidendi
The court found that the documents MFI-10, MFI-11, and MFI-12 were relevant to the matters in issue as they demonstrated that the plaintiff was the owner of the goods alleged to have gone missing. The documents, being original and issued to the plaintiff, were admissible as evidence of ownership. The court held that the plaintiff could produce these documents in support of his claim against the defendant.
Court Disposition
The documents MFI-10, MFI-11, and MFI-12 are admissible as evidence of ownership by the plaintiff.
Orders
- The plaintiff is permitted to produce MFI-10, MFI-11, and MFI-12 as evidence of ownership of the goods in question.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Civil Suit 34 of 2006
ZAVERCHAND PADAMSHI SHAH………………………..PLAINTIFF
-VERSUS-
NATIONAL CEREALS & PRODUCE BOARD…………DEFENDANT
R U L I N G
Mfi -10, 11 and 12 are relevant to the matters in issue as they show that the plaintiff was the owner of the goods he alleges went missing and for which he blames the defendant. He stated that he was the owner of the goods because he bought them. MFI-10 is the agreement signed between him and the seller. MFI-11 is the invoice the seller sent to him and MFI-12 is the delivery note sent along with the goods. As it were, the documents amount to receipt issued for the goods. They were issued to him. He can produce them as evidence of ownership. It is notable that these documents are in their original form.
Dated, signed and delivered at Kisii this 2 nd day of November,2009
A.O.MUCHELULE
JUDGE
2/11/2009
Before Hon. A.O.Muchelule-Judge
Court clerk-Mongare
Mr. Bosire-present
COURT: Ruling in open court.
A.O.MUCHELULE
JUDGE
2/11/2009