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Oseur v Agricultural Finance Corporation & another (Environment & Land Case 528 of 2017) [2024] KEELC 6296 (KLR) (26 September 2024) (Ruling)

[2024] KEELC 6296 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
6296
Citation
[2024] KEELC 6296 (KLR)
Decided
26 September 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMotion to admit documents and cross-examinationPostureMotion grantedCoramLC KOMINGOI
Holding

The application is allowed with leave to the defendants to avail further witnesses and/or documents if needed

Facts

The plaintiff filed several applications in the course of the trial, including a request for cross-examination of the Land Registrar and a forensic examination of the security register.

Issues

  1. Whether the plaintiff's request for cross-examination and production of documents is merited
  2. Prejudice to the defendants if the orders are granted

Reasoning

The court found no prejudice to the defendants and allowed the application to ensure the plaintiff can present all the documents he intends to rely on.

Outcome

Application granted

Orders

  • Admit the Fingerprint Analysis Report for AFC Register dated 14th March 2019 for examination and production in court
  • Issue summons to the Land Registrar Kajiado Central to be recalled for cross-examination by the plaintiff's counsel
  • Issue summons to the Principal Criminal Registrar at DCI Headquarters, Nairobi to produce the Fingerprint Analysis for AFC Register dated 14th March 2019
  • Allow the plaintiff to ensure the said witnesses are availed at the shortest time possible

Authorities cited

Legislation (1)
  • Sections 1, 1A & 3 of the Civil Procedure Act
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.
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