Bico Ltd v Kenya Railways Corporation [2018] KEELC 4025 (KLR)
- Court
- Environment & Land Court
- Case number
- 4025
- Citation
- [2018] KEELC 4025 (KLR)
- Decided
- 8 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for cross-examination of deponent Justin Omoke dismissedCoramCross L., Dulu
Holding
Application dismissed with costs to the Respondent
Facts
Bico Ltd alleges breach of lease by Kenya Railways Corporation, who denies the allegations and states that the construction work is being done by a third party not privy to the lease.
Issues
- Whether the application for cross-examination is necessary
- Whether the facts raised by the replying affidavit are material to the issues raised in the application notice
Reasoning
The applicant has not disputed the facts in the replying affidavit and has not laid a proper basis for the cross-examination. The applicant introduced the issue of the third party into the pleadings and the cross-examination is not necessary to establish the terms of the lease.
Outcome
Application dismissed
Orders
- Application for cross-examination of deponent Justin Omoke dismissed
Authorities cited
Cases cited (2)
- James Kamangu Ndimu vs Margaret Ndimu & Another (2007) eKLR
- Comet Products UK Ltd vs Hawkex Plastics Ltd
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…