Evidence Law Assignment

Using IRAC (issue, rule, analysis and conclusion) method, answer the following questions

Q1

Mr Mjuaji is an investor in the real estate sector in Western Kenya. His trade involves buying prime property at a discount from distressed individuals and families and reselling them at market value. Due to the COVID-19 pandemic, droughts and floods that have continuously plagued the country, Mr Mjuaji has made a big fortune doing this business. Recently, Mr Mjuaji found himself in court as a respondent after agreeing to buy Mr Ogut's matrimonial home. The case had been filed by Mrs Ogut. Mrs Ogut alleges that Mr Mjuaji has acquired a defective title deed to their property because she did not sign the transfer documents and that her signature was forged.

Mrs Ogut also alleges that Mr Mjuaji cannot produce the original sale agreement for the deal. Indeed, Mr Mjuaji had not insisted on the original copy and only has a scanned version of the sale agreement in his WhatsApp communications with Mr Ogut who also misplaced his original copy. Mrs Ogut further claims that the consent form filed at the land registry is a photocopy and because of that she did not authorize her husband to sell their matrimonial home. Her husband insists that the photocopy of the document is genuine but as was the case with the sale agreement he cannot trace the original copy.

Ms Jamila, a close family friend, approached Mr Ogut and informed him that she overheard his wife talking to a stranger on phone and that the stranger had advised her to fetch the original copies and destroy them. She has refused to offer herself to be a witness in the case. Ms Jamila's husband on the other hand has offered to be a witness because he discussed the case with his wife and knows as much as she does.

Comprehensively analyse the evidentiary issues arising from the above scenario with the help of relevant authorities and case laws. (30 marks)

Q2

Your brother is a doctor who has been asked to appear in an ongoing court case as an expert witness. He is required to give expert evidence on the extent of injury that was suffered by a claimant in the suit. Your brother does not know what to do in preparation for his testimony and what to expect during his testimony. He also would want to know the bearing that his testimony is likely to have on the outcome of the case. Guide him on his concerns. (20 marks)

Q3

Discuss what in your view is good law and bad law in the current rules relating to examination in chief and cross examination of witnesses in court noting to explain your rationale for your position. (20 Marks)