Arison Export Import Limited & another v Harit Sheth Trading As Harit Sheth Advocates & another [2016] KEHC 1653 (KLR)
- Court
- High Court of Kenya
- Case number
- 1653
- Citation
- [2016] KEHC 1653 (KLR)
- Decided
- 26 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Miscellaneous ApplicationPostureApplication to summon a deponent for cross-examination deniedCoramJ. K. SERGON
Holding
The application to summon Mr. Francis Mburu for cross-examination is denied. The Originating Summons will proceed for hearing.
Facts
The Originating Summons was filed on 11.04.2016, seeking to compel the 1st Respondent to provide certain documents. Mr. Francis Mburu's affidavit was attached to support the Originating Summons.
Issues
- Whether to summon Mr. Francis Mburu for cross-examination
- Whether the application was made to further delay the proceedings
Reasoning
The court found that Mr. Francis Mburu's affidavit did not raise any doubt or diminish the trustworthiness of the deponent. The application did not meet the criteria for cross-examination.
Outcome
Application denied
Orders
- The Originating Summons should proceed for hearing as scheduled
- Each party to meet his own costs of the application
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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