Wanjala & 12 others v Musioma & others (Environment & Land Case 300 of 2004) [2023] KEELC 20670 (KLR) (11 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20670
- Citation
- [2023] KEELC 20670 (KLR)
- Decided
- 11 October 2023
Summary at a glance
TypeCivilPostureAppeal from an original trialCoramLN MBUGUA
The judge orders that the plaintiffs' witness in the main suit shall give their evidence in chief, followed by the 1st cross examination by Mr Osoro, then followed by 1st - 5th defendants. Defendants are at liberty to further cross-examine the witness for any clarifications.
Facts
The case involves a dispute between Newton Wanjala and 12 others (plaintiffs) and Joseph Ziro Musioma and others (defendants). The plaintiffs are members of an entity known as disciples self help group.
Issues
- Order of tendering evidence
- Prejudice to defendants
Reasoning
The judge observed that the plaintiffs' issues are tied to those of the 14th and 15th defendants, who are also plaintiffs. The defendants have the right to cross-examine witnesses.
Outcome
Appeal upheld
Orders
- Order of tendering evidence
- Defendants' right to cross-examine witnesses
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