Obara v Harambee Co - operative Savings & Credit Society Limited & 2 others [2023] KEELC 17600 (KLR)

Obara v Harambee Co - operative Savings & Credit Society Limited & 2 others (Environment and Land Case Civil Suit 1588 of 2014) [2023] KEELC 17600 (KLR) (29 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17600 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Case Civil Suit 1588 of 2014

LN Mbugua, J

May 29, 2023

Between

Meresia Akeyo Obara

Plaintiff

and

Harambee Co - operative Savings & Credit Society Limited

1st Defendant

Mild Steel Engineering Works Ltd

2nd Defendant

Melitus Oluoch

3rd Defendant

Ruling

1. This ruling relates to the objection raised by Mr Chege counsel for 1st defendant that P-Exhibit 11 is not an original of the copy found in the file. In response, Mr. Ongegu counsel for the plaintiff stated that the purported original document is what was given to the recipient.

2. I find that the authenticity of the document has not been challenged. The veracity and legitimacy of the said document can be put into question during cross examination; see Ntarangwi MiIkiara V. Jackson Munyua Mutuera [2018] eKLR. After all, the witness has no other original save what she is availing to the court. Further, Mr. Chege has not availed any document challenging exhibit 11. In that regard, the objection is not upheld. The document shall be admitted in evidence as an exhibit.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 29TH DAY OF MAY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Mr. Mwendo for 2nd – 3rd DefendantsChege for 1st DefendantOngegu for PlaintiffCourt assistant: Eddel