Juma & another (on behalf of the Estate of Juma Muchemi) v Odongo (Commercial Suit 45 of 2018) [2022] KEHC 15098 (KLR) (8 November 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 15098
- Citation
- [2022] KEHC 15098 (KLR)
- Decided
- 8 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial SuitPostureApplication to re-open defence hearing and tender additional evidenceCoramFA OCHIENG
Holding
Application to re-open defence hearing and tender additional evidence dismissed
Facts
Defendant sought to adduce additional evidence from Chase Bank, claiming it would bridge differences in the case. The evidence included deposit and remittance slips.
Issues
- Whether additional evidence from Chase Bank was admissible
- Whether the Defendant had a reasonable opportunity to obtain the evidence
Reasoning
Defendant failed to demonstrate that Chase Bank's dissolution affected her ability to obtain the evidence in time. The additional evidence was not provided before closing her case.
Outcome
Application dismissed
Orders
- Defendant to pay costs of the application
Authorities cited
Cases cited (2)
- Mzee Wanje & 93 Others vs A. K. Saikwa & Others (1982 – 88) KAR 462
- Mohamed Abdi Mahamud vs Ahmed Abdullahi Mohamed & 3 Others (2018) eKLR
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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