Case ID:173777

Muvokanza Limited v Nedmart Falls Kenya Limited & 4 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 1180 of 2015

Parties:

Muvokanza Limited v Nedmart Falls Kenya Limited, Sylvester Kyalo Mutua, Jamii Bora Bank Limited, Muganda Wasula t/a Keysian Auctioneers & Chief Registrar of Titles

Date Delivered:

15 Apr 2021

Case Class:

Civil

Court:

Environment and Land Court at Nairobi

Case Action:

Directions

Judge(s):

Loice Chepkemoi Komingoi

Citation:

Muvokanza Limited v Nedmart Falls Kenya Limited & 4 others [2021] eKLR

Advocates:

Mr. Omondi for the Plaintiff

Mr. Rapando for the 1st Defendant

Mr. Awuor for the 2nd Defendan

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Mr. Omondi for the Plaintiff

Mr. Rapando for the 1st Defendant

Mr. Awuor for the 2nd Defendan

History Advocates:

Both Parties Represented

Case Outcome:

Objection dismissed and ordered

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC CASE NO. 1180 OF 2015

MUVOKANZA LIMITED................................................................................PLAINTIFF

VERSUS

NEDMART FALLS KENYA LIMITED................................................1

ST

DEFENDANT

SYLVESTER KYALO MUTUA............................................................2

ND

DEFENDANT

JAMII BORA BANK LIMITED...........................................................3

RD

DEFENDANT

MUGANDA WASULA T/A

KEYSIAN AUCTIONEERS..................................................................4

TH

DEFENDANT

THE CHIEF REGISTRAR OF TITLES...............................................5

TH

DEFENDANT

DIRECTIONS

1.

Mr. Motari for the 5

th

defendant raises an objection to the Land Registrar being called as a witness by the plaintiff. The grounds are that the 5

th

defendant is a party to these proceedings who has filed a defence and bundles of documents. Mr. Motari’s submissions have been adopted by Mr. Rapando, Mr. Awuor and Mr. Akello for the 1

st

, 2

nd

and 3

rd

defendants respectively.

2.

Mr. Omondi for the plaintiff opposes the objection on the grounds that the Land Registrar is the best person to produce the documents supplied to the plaintiff by that office and identified by P.W.2 (Mumo Mwendwa).

3.

I have considered the rival submissions. The issue is whether this objection is merited.

4.

On the 29

th

September 2020, Gildad Karani, a Land Registrar attached to the office of the Chief Land Registrar was put on the witness stand. She had attended court pursuant to summons dated 3

rd

September 2020. She did not complete her testimony owing to the objection by counsel for the defendants that she had not recorded a witness statement. Due to this objection, the court directed the witness to be stood down so that she could record a witness statement on the documents to be produced. Consequently, leave was granted to the plaintiff to file the said witness statement and an additional list of documents.

5.

These directions were given in the presence of all advocates. The same have not been set aside and/or reviewed. The instant objection is misplaced and the same is overruled. The plaintiff has not closed its case. It should be given an opportunity to present its case in the best way possible.

6.

The Land Registrar should testify and produce the documents stated on the summons dated 3

rd

September 2020. No prejudice will be occasioned to the defendants as they will have an opportunity to cross examine the witness.

7.

I find no merit in the objection by the 5

th

defendant and the same is dismissed.

It is so ordered.

Dated, signed and delivered in Nairobi on this 15

th

day of April 2021.

……………………….

L. KOMINGOI

JUDGE

In the presence of:-

Mr. Omondi for the Plaintiff

Mr. Rapando for the 1

st

Defendant and holding brief for Mr. Awuor for the 2

nd

Defendant

No appearance for the 3

rd

, 4

th

and 5

th

Defendants

Phyllis Court Assistant.