Gori Investments Limited v Basco Products (K) Limited & another [2024] KEELC 4475 (KLR) | Admissibility Of Evidence | Esheria

Gori Investments Limited v Basco Products (K) Limited & another [2024] KEELC 4475 (KLR)

Full Case Text

Gori Investments Limited v Basco Products (K) Limited & another (Environment & Land Case 1528 of 2016) [2024] KEELC 4475 (KLR) (29 May 2024) (Ruling)

Neutral citation: [2024] KEELC 4475 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 1528 of 2016

JA Mogeni, J

May 29, 2024

Between

Gori Investments Limited

Plaintiff

and

Basco Products (K) Limited

1st Defendant

David Gichohi

2nd Defendant

Ruling

1. The application to produce documents at this point of re-examination is opposed. The defendant’s counsel argues that the documents are from an expert witness. I note that one can indeed not produce documents at re-examination stage, the witness referred to them but failed to produce them. This is a technicality and in order to advance the objects of justice without paying due regard to technicality. I will seek refuge in Article in 159(2) and allow the documents to be produced and also allow the Plaintiff’s counsel to cross-examine the witness if he so wishes.

HON. MOGENI J.JUDGE29/05/2024