Wanjiku Nganga v Elizabeth Shighadi David, Mwanaisha Abdi & Municipal Council of Mombasa [2008] KEHC 2460 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

Civil Case 586 of 2001

WANJIKU NGANGA …………………………………………..…..… PLAINTIFF

-  Versus  -

1.  ELIZABETH SHIGHADI DAVID

2.  MWANAISHA ABDI

3. MUNICIPAL COUNCIL OF MOMBASA ………..…..………. DEFENDANT

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R U L I N G

The witness has already testified that the subject plot was bushy when she moved in, and that she took time and money to clear the same before commencing construction.  By the time she was served with the court order, the structure she was constructing had reached a certain level.  It was in a bid to demonstrate what that level was that she sought to produce photographs which she took.

I don’t see how the production of those photographs will prejudice the plaintiffs.  I therefore direct that the same be allowed in evidence with the caveat that Mr. Tindika for the plaintiff may cross examine the witness as to the authenticity of the photographs, their relationship with the property in question, the date or dates when they were taken, and by who etc.  Mr. Tindika will then be entitled to make his submissions thereon if he wishes to discredit the photographs.

It is so ordered.

Dated and delivered at Mombasa this  9th  day  of   May,  2008.

L. NJAGI

JUDGE