COURT REJECTS BID TO CROSS EXAMINE FORMER ATTORNEY GENERAL PROF GITHU IN PROPERTY FIGHT WITH THE BANK.

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Former Attorney General Prof Githu Muigai.

BY SAM ALFAN.

The High Court has dismissed an application by Housing Finance Corporation ltd has lost a bid to cross-examine former attorney Prof Githu Muigai over a property fight.

Judge Wilfrida Okwany dismissed the application by bank was not merited. The judge added that from the narration, of the contents of the supporting affidavit, she found no averment or statement of fact that would necessitate an order for his cross examination.

The judge also said the bank failed to point out the specific allegation that required clarification.

“I am not satisfied that the defendant has made out a case for an order to cross examine the plaintiff ‘s deponent (Fairlake Estate ltd) and I decline to grant the orders sought,” ruled judge Okwany.
The Judge directed the parties to proceed with matter for highlighting of submissions.

“I note that the defendant ( Housing Finance corporation ltd) did not specify the allegations of paragraph of the supporting affidavit that requires clarification thereby giving rise to the need for cross examination “, ruled the judge.

Housing Finance corporation ltd had filed an application seeking to cross-examine the former attorney on the contents of supporting affidavit.

They argued that the supporting affidavit contains contradicting positions which could only be cleared through the cross examination of deponent in order to bring out proper facts of the case.

Fairlake Estate ltd opposed the cross examination of Prof Githu arguing that the application was merely intended to delay finalization of the hearing.

Fairlake Estate ltd added that no material or special circumstances had been placed before the court to warrant the exercise of its discretion to order for cross examination of Prof Githu.

Fairlake Estate further told the court that the application to cross examine Prof Githu was made with ulterior motive of embarrassing him and Prof Githu affidavit does not contain any factual allegations upon which cross examination can be conducted.

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