RULING
1. The Court has carefully perused the Application as well as the submissions by the 6th Defendant to the 11th Defendants.
2. The 7th and 8th Defendants are of the view and position that they did not participate in the transaction between the 6th, 7th , 8th and 9th Defendants with the 11th Defendant as the documents relied upon by the 6th, 9th, and 11th Defendants disclose.
3. It is true that the issue of the authenticity of the signatures appearing on the Agreements for Sale and the Transfer could be an issue that is for determination between the 6th, 7th, 8th, 9th and 11th Defendants.
4. This issue is one that is requires to be proved by way of evidence tabled by the parties.
5. While the Court appreciates that it has power to order a verification of the signatures, this power can be exercised if the Court on its own motion is still not clear on the issue based on the evidence produced by the parties.
6. However, at the moment, the obligation to prove whether the signature are true signatures of the 7th and 8th Defendants falls on the shoulders of the 7th and 8th Defendants.
7. As such, the Court can only give leave to the 7th and 8th Defendants to get the documents subjected to forensic document examination and if need be file an additional list of documents and witnesses to prove this point.
8. As such, this Application is disallowed forthwith.
9. However, the 7th and 8th Defendant s are at liberty if they so wish to forward the documents in issue for document examination and if need be can file an additional list of documents to include the outcome or call any witness to confirm the outcome of the exercise.
10. The costs of the Application will abide the outcome of the main suit.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: 3rd Plaintiff in person present in Court
N/A for the 1st and 2nd Plaintiffs
Defendant: Ms. Nasongo holding brief for Mr. Yego for the 1st Defendant
Mr. Kipnyekwei for the 2nd Defendant
Ms. Aketch for the 8th Defendant/Applicant
Mr. Momanyi for the 9th and 11th Defendant
Mr. Kibii for the 6th and 7th Defendants (N/A)
| ELC.520 of 2012 RULING2 |