RULING
- The court has looked at the application and the Replying Affidavit and from the submissions of the application, the witness statement dated 15th November, 2024 is actually a Defence statement.
- The witnesses to be re-called duly testified and were fully cross-examined by the Defence Counsel.
- Since then, the said witnesses have never added any testimonies or witness statements that would warrant a recalling.
- The Defence is at liberty to rely on the further statement they had filed to prove their case.
- Consequently, the application dated 10th February, 2025 is not merited and is dismissed with costs.
DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 24TH FEBRUARY 2025.
IN THE PRESENCE OF;
Court Assistant: Laban
Plaintiff: Mr. Mogambi for Plaintiff
Defendant: Mr. Soubule for the Defendant