Case law
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Division and case type: Employment and Labour Relations CourtClaim/Causes
…2024 under the provisions of Order 45 Rule 1 of the Civil Procedure Rules seeking orders; The court be pleased to set aside the orders issued on the 8th day of May 20-24 closing the respondent case, recall the claimant for cross-examination…
…in diarising the matter properly and the mistake of counsel should not be visited on the respondent. no prejudice will be visited upon the claimant if the matter is heard and the respondent is allowed to recall him for cross-examination…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…loopholes in his case to the Respondent’s prejudice. b) that the Respondent’s case stands to be adversely affected by the orders sought in the Notice of Motion dated 21/6/2023 by calling additional evidence in rebuttal, after cross-examination…
…The Respondent will have time to continue with cross examination of the Claimant, and to cross examine him on the said 2 missing pages of the bank statement dated 2/9/2019.…
Division and case type: Employment and Labour Relations CourtAppeals
…Elyne Elizabeth Wamalwa for further examination in chief, for further cross-examination and re-examination respectively for the purposes of adducing evidence Costs of this application be in the cause.…
…Vide application dated 5th October 2021 the Appellant sought for the Trial Court to re-open the Claimant’s case for purposes of cross-examination(page 36-40).…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…This court be pleased to reopen the claimant’s case for cross-examination by the respondent/applicant.…
…advocates post-judgment delivered on 28 September 2023; Whether the court should stay execution, review and annul the proceedings of 13.7.2013 and ex parte judgment; Whether the court should reopen the claimant’s case for cross-examination…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…2024 under the provisions of Order 45 Rule 1 of the Civil Procedure Rules seeking orders; The court be pleased to set aside the orders issued on the 8th day of May 20-24 closing the respondent case, recall the claimant for cross-examination…
…No prejudice will be visited upon the claimant if the matter is heard and the respondent is allowed to recall him for cross-examination and the defense. There is no response from the claimant.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…In cross examination CW1 confirmed that she wrote to CRJ stating that she had resigned but the resignation was not allowed and she wrote a letter to recall the resignation letter.…
…In cross examination RW1 confirmed that the Claimant was an employee of the Respondent and was entitled to salary and allowances. RW1 confirmed that as of 13/10/2014 the file had not been allocated to Court 2.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…Ignored and or denied the Petitioner’s request to be provided with evidence, witnesses and complaint to the allegations in order for cross-examination: and instead pressured the Petitioner to plead guilty and ask for forgiveness…
Division and case type: Employment and Labour Relations CourtPetitions
The court ruled on an oral application by Mr. Oketch Advocate objecting to Mr. Makokha Advocate appearing for respondents under Rule 8 of the Advocates (Practice) Rules due to Mr. Makokha having sworn replying affidavits in 2023 and 2024. The court found that Rule 8 applies where an advocate may be required as a witness, and Mr. Makokha, acting as County Attorney, conflicted with his role in the matter. The court allowed Mr. Makokha to stand down as an advocate for cross-examination on his replying affidavit but disallowed his appearance in the matter to ensure justice.
Division and case type: High Court Commercial and TaxCommercial Matters
…and to arrive at the truth, it is just and fair to order cross-examination” 15.In Further submissions, Counsel argued that the Plaintiff had failed to demonstrate how the cross-examination of the Defendant is in the interest…
…A party seeking the orders of cross-examination must demonstrate sufficient consideration for cross-examination for the court to exercise its discretion in doing justice to the parties. 32.Opposing the application for cross-examination…
Division and case type: High Court Commercial and TaxCommercial Matters
…, and if it does so, parties have the right of further examination and cross-examination respectively.…
…Michael Riitho for further cross-examination. 10. Mr.…
Division and case type: High Court DivConstitution and Human Rights Petitions Miscellaneous
…Therefore, in order to ensure that no more time than is really necessary is further taken up by cross-examination, it is only in instances where the court is satisfied that the cross-examination is essential in enhancing…
…From the foregoing authorities, prior to the Court making an order for cross-examination of a deponent, an application must be made citing the grounds and/or reasons as to why cross-examination of a deponent is necessary.…
Division and case type: High Court Commercial and TaxCommercial Matters
…, and if it does so, parties have the right of further examination and cross-examination respectively.…
…Michael Riitho for further cross-examination. 10. Mr.…
Division and case type: High Court CriminalCriminal Revision
…That upon taking up the matter counsel in cross examination of PW4, PW5 and PW6 was limited as some questions could only be answered by PW2 and PW3.…
…That there was no legal justification warranting the court to refuse to recall the witnesses for cross-examination.…
Division and case type: High Court DivCivil Appeal
…On cross-examination, he stated that Simon Njagi did not sign his report.…
…to be recalled either for further examination-in-chief or for further cross-examination, and if it does so, the parties have the right of further cross-examination and re-examination respectively.”…
Division and case type: Environment and Land CourtCivil Suit
…Upon cross examination by Muthuri, PW2 stated that the report did not cover the developments. Upon cross examination by Ragut, he stated that he had received instructions from the petitioners on 14th September, 2023.…
…Upon cross examination by Kagunda, he stated that the land was allocated to 19 beneficiaries. Upon cross examination by Gichigi, he stated that SFT bought the land on 24th February, 1979.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…--[endif]-->This is an interlocutory appeal from the ruling and order of the Subordinate Court allowing the Respondent’s application to recall the plaintiff for further examination in chief and cross-examination for the purpose…
…The court has broad discretion to permit the recalling of parties for examination and cross-examination.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…--[endif]-->This is an interlocutory appeal from the ruling and order of the Subordinate Court allowing the Respondent’s application to recall the plaintiff for further examination in chief and cross-examination for the purpose…
…The court has broad discretion to permit the recalling of parties for examination and cross-examination.…
Division and case type: High Court CriminalCriminal Revision
…Vinodkumar Laji for further cross-examination.…
…have the right of further cross-examination & re-examination respectively.”…
Division and case type: High Court DivMurder Case
…On cross-examination, he stated that he was not there when the deceased were beaten to death.…
…On cross-examination, she stated that neither of the deceased person had skull fractures. PW9 was Sgt.…
Division and case type: High Court CriminalCriminal Revision
…examination of the last witness. 2.…
…In determining whether the Prosecution’s case could be reopened and PW11 recalled for further cross examination, this court is guided by the following provisions: - 12.…