Kibugu Farmers Co-Op. Society v Philip Mungai T/A Mungai Electrical Ventures [2014] KEHC 3400 (KLR)
- Court
- High Court of Kenya
- Case number
- 3400
- Citation
- [2014] KEHC 3400 (KLR)
- Decided
- 1 August 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramH.I. Ong'udi
Holding
The court allows the Plaintiff's application to recall its witness to produce the documents he referred to in his evidence.
Facts
The Plaintiff and Defendant presented testimonies from two witnesses. The Plaintiff sought to recall its witness to produce exhibits, while the Defendant objected.
Issues
- Whether the court has the discretion to recall a witness
- Prejudice to the Defendant if the Plaintiff's witness is recalled
Reasoning
The court finds the Plaintiff's application merited as it seeks to avail as much evidence as possible to the court, leading to a just determination of the proceedings.
Outcome
The Plaintiff's application to recall its witness is allowed.
Orders
- The Plaintiff's witness (PW1) will produce the documents he referred to and the Defendant will be at liberty to cross-examine him.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Evidence 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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