DANIEL MUTUSE WAITA v JUSTUS KITILI MUSOMBA [2008] KEHC 2601 (KLR)
- Court
- High Court of Kenya
- Case number
- 2601
- Citation
- [2008] KEHC 2601 (KLR)
- Decided
- 15 April 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePetitioner's case ongoing with four witnessesCoramLenaola J
Holding
Waita Musomba is allowed to produce the document dated 7/12/1990.
Facts
A clan meeting distributed disputed property between Daniel Mutuse Waita and his stepmother, Ndoti Musomba. Waita Musomba sought to produce minutes of the meeting.
Issues
- Who should produce the minutes of the clan meeting?
- Should the court require the secretary to the clan meeting to produce the document?
Reasoning
The court allows Waita Musomba to produce the document due to the old land dispute involving close family members and the potential for undue delay.
Outcome
Petitioner's objection is overruled.
Orders
- Waita Musomba may proceed to produce the document dated 7/12/1990.
Authorities cited
Legislation (1)
- Evidence Act, Cap 80 Laws of Kenya
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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