Ng’olua Mwaine v. Alexander Kamathi M’ithili & Betha Gacheri (2003) eKLR

Court
Environment and Land Court at Meru
Category
Civil
Judge(s)
Hon. Lucy N. Mbugua
Judgment Date
December 10, 2019
Country
Kenya
Document Type
PDF
Number of Pages
4




REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 99 OF 2003
NG’OLUA MWAINE ……......................................…. PLAINTIFF
VERSUS

ALEXANDER KAMATHI M’ITHILI...................1ST DEFENDANT
BETHA GACHERI ........................................... 2ND DEFENDANT
RULING
1. On 30/7/2019 Mr. Thangicia counsel for the 1st defendant made an oral application to recall the 2nd defendant/interested party for cross- examination as the 1st defendant did not have a chance to cross examine him. The proceedings herein indicate that the interested party testified on 19/3/2019 where the cross examination done by the defendant went on as follows; “where do you stay"” nothing more nothing less.
2. The law provides for the recalling of witnesses under Section 146(4) of the Evidence Act Cap. 80 where it is stipulated that:-
“The court may in all cases permit a witness to be recalled either for further examination-in-chief or for further cross-examination, and if it does so the parties have the right of further cross-examination and reexamination respectively.”
3. Article 159 of the Constitution stipulates that justice shall be done to all. One of the ways to ensure this is done is by giving each and every party an opportunity to be heard including according such parties a chance to conduct cross-examination of witnesses. A perusal of the record clearly reveals that the 1st defendant did not really cross examine the interested party as he simply inquired where the latter stays.
4. Consequently, I do allow the application to recall the interested party for cross examination by the counsel for 1st defendant only.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 10TH DECEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu


Kirimi Muthuri holding brief for Kirimi Nginaru for plaintiff
Thangicia for 1st defendant
Plaintiff
1st defendant
HON. LUCY. N. MBUGUA
ELC JUDGE


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