REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KITALE LAND CASE NO. 73 OF 2013 JAYESH AUTOSPARES LTD ............................................ PLAINTIFF VERSUS KAPTERIT RAPID COMPANY LTD .................... 1ST DEFENDANT JOHN WEPUKHULU WALIAULA ...................... 2ND DEFENDANT THE ATTORNEY GENERAL ............................... 3RD DEFENDANT RULING 1. I have considered the submissions of the parties. The State Counsel never listed the Land Registrar as one of the State’s witnesses. The plaintiff listed him among his witnesses. In my view the Land Registrar is supposed to give truthful evidence at any time when he is testifying before the court; whether called by the plaintiff or by any other party. Any dissatisfaction with what he has stated can be dealt with by way of cross-examination. I will allow the plaintiff to proceed with the examination-in-chief of the Land Registrar. Thereafter, the State Counsel will have the first opportunity to examine him before any other party cross-examines him. 2. Hearing to proceed. Dated, signed and delivered at Kitale on this 30th day of October, 2018. MWANGI NJOROGE JUDGE 30/10/2018 Coram: Before Hon. Mwangi Njoroge, Judge Court Assistant - Picoty N/A for the partoes COURT Ruling read in open court. MWANGI NJOROGE JUDGE 30/10/2018
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