DOMINIC OMENYA t/a OMENYE AND ASSOCIATES v KENYA COMMERCIAL BANK LIMITED [2008] KEHC 2266 (KLR)
- Court
- High Court of Kenya
- Case number
- 2266
- Citation
- [2008] KEHC 2266 (KLR)
- Decided
- 5 June 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous decisionCoramJ.K. SERGON
Holding
The court overrules the objection and admits P.M.F.I. 23 in evidence as plaintiff’s exhibit No. 23.
Facts
The plaintiff Dominic Omenye sought to produce statements sent by Kencem to his firm, Omenye & Associates, as exhibit number 23. The defendant raised an objection that the plaintiff was not the maker of the documents.
Issues
- Whether the plaintiff is the maker of the documents
- Whether the maker, Kencem, can be called to testify
Reasoning
The court states that the statements marked as P.M.F.I. No. 23 originated from Kencem and that Kencem no longer exists. The court rules that since the maker cannot be called to testify because he cannot be found, the document can be produced and admitted.
Outcome
The plaintiff's objection is overruled and P.M.F.I. 23 is admitted in evidence.
Orders
- P.M.F.I. 23 is admitted in evidence as plaintiff’s exhibit No. 23
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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