Wadhwa (As the Legal Representative of the Estate of Deshpal Omprakash Wadhwa) v Mohamed & 4 others (Environment and Land Case 51 of 2012) [2023] KEELC 20824 (KLR) (16 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20824
- Citation
- [2023] KEELC 20824 (KLR)
- Decided
- 16 October 2023
Summary at a glance
TypeEnvironment and Land CasePostureApplication for forensic examination of documents and summoning of authors for cross-examination dismissedCoramM.A. Odeny
The 1st Defendant's application is dismissed with costs.
Facts
The case involves a dispute over the authenticity of a lease document held by the plaintiff, Deshpal Omprakash Wadhwa, and the plaintiff had already presented the documents and witnesses in his case.
Issues
- Whether the documents listed in prayer 2 and 3 above should be subjected to forensic examination by a document examiner.
- Whether the court should summon the authors of the said documents for cross-examination.
Reasoning
The court held that the 1st Defendant had an opportunity to challenge the authenticity of the documents during the hearing of the plaintiff's case in 2018 and 2019, and the plaintiff had already presented the documents and witnesses. The court found the application to be an abuse of court process.
Outcome
Dismissed with costs
Authorities cited
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