Rashid Juma Bedzimba v Ali Menza Mbogo & 2 others [2017] KEHC 1731 (KLR)
- Court
- High Court of Kenya
- Case number
- 1731
- Citation
- [2017] KEHC 1731 (KLR)
- Decided
- 6 December 2017
The court accepts the objection and does not allow the production of exhibits AO2 and AO3 as they are not anchored in the Further Affidavit.
Facts
The Petitioner filed a certificate under Section 106B of the Evidence Act on 10th October, 2017, and subsequently filed a Further Affidavit on 30th November, 2017 to anchor the certificate. The Respondents objected to the production of the exhibits AO2 and AO3 as they were not anchored in the Further Affidavit.
Issues
- Whether the exhibits AO2 and AO3 are admissible in evidence
Reasoning
The court ruled that the Further Affidavit did not anchor the exhibits AO2 and AO3, and thus did not comply with Rule 9 of the Oaths and Statutory Declaration Rules. The court also noted that the Further Affidavit did not include the certificate under Section 106B of the Evidence Act as an annexure.
Outcome
The court did not allow the production of exhibits AO2 and AO3.
Orders
- The court did not allow the production of exhibits AO2 and AO3
Authorities cited
Legislation (2)
- Evidence Act
- Oaths and Statutory Declaration Rules
Cases cited (1)
- County Assembly of Kisumu & 2 others versus Kisumu County Assembly Service Board & 6 others [2015] eKLR
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