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AFRICA NAZARENE UNIVERSITY
NAME: ALEX ONYONKA
REG. NO: 16G01ALLB020
COURSE: TRIAL ADVOCACY
UNIT CODE: LAW 403
LECTURER: MR. JOHN NYANJE
DUE DATE: O6/11/2019
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QUESTION ONE
Draft all examination in chief questions based from the case provided elucidating the
statutory underpinning where necessary. (5 Marks)
Under Civil Procedure Rules, Order 18 the generally deals with Examination of Witnesses.
Section 150 of the Criminal Procedure Code provides that :A court may, at any stage of a trial or
other proceeding under this Code, summon or call any person as a witness, or examine any
person in attendance though not summoned as a witness, or recall and re-examine a person
already examined, and the court shall summon and examine or recall and reexamine any such
person if his evidence appears to it essential to the just decision of the case Provided that the
prosecutor or the advocate for the prosecution or the defendant or his advocate shall have the
right to cross-examine any such person, and the court shall adjourn the case for such time (if any)
as it thinks necessary to enable the cross-examination to be adequately prepared if, in its opinion,
either party may be prejudiced by the calling of that person as a witness.
Section 145 of the Evidence Act provides for examination in chief as the examination of a
witness by the party who calls him.
Section 146 (1) gives the order in which examination of witnesses occurs, the witnesses shall
first be examined-in-chief, then, if the adverse party so desires, cross-examined, then, if the party
calling them so desires, re-examined.
Section 150 prohibits the use of leading questions if objected to by the adverse party during
examination-in-chief (and re-examination) except as permitted by the court.
The constitution of Kenya 2010 provides for cross examination through its stipulation under
Article 50(2)(k) which states that every accused person has the right to a fair trial which includes
the right to adduce and challenge evidence.
Examination in chief for the Petitioner.
What is your name?
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Can you tell the court who is the respondent is to you?
When were you married to the respondent?
When did you receive your marriage certificate?
Do you have any children together with the respondent?
Which is the residence of both of you?
Why are you seeking dissolution of your marriage with the respondent?
When did you discover that the respondent had other children from his previous
relationships?
Can you tell the court why the respondent failed to attend his birthday party that you had
organized for him on 24.07.2010?
Tell us about what the respondent had promised to do to you prior to the marriage?
Which of the promises has the respondent fulfilled?
What did the defendant do to you on 21.04.2014?
What type of car had the respondent bought for you?
What business di the respondent set up for you?
Tell this court why you feel the mini-supermarket collapsed?
What instances of cruelty can you remember to have been done to you by the respondent?
What happened between you and the respondent in the presence of your father?
Why did you leave the respondent in September 2014?
What did the respondent do to you on 20.10.2014 while you were making your hair?
Tell this court what happened on 20.10.2012
What happened next?
What adulterous instances of the respondent can you remember?
What was the bride-price in your traditional wedding?
Examination in chief for the Respondent.
What is your name?
What relationship do you have with the petitioner?
Which is your residence?
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What are you seeking to be refunded to you by the petitioner?
When did you solemnize your marriage?
Which type of cars have you gifted the petitioner?
What happened on 20.10.2014?
What type of business did you create for the petitioner?
How is the mini-supermarket fairing?
Tell this court about desertion by the petitioner?
How did the petitioner know about your children?
How did you get to know the petitioner?
How have you heled the petitioner’s family?
What happened to the Mercedes benz that you bought?
Tell the court about the instances of cruelty by the petitioner.
Tell the court about the instances of adultery by the petitioner.
What happened on 18.04.2014?
When did you acquire the property in question?
QUESTION TWO
Draft all cross-examination questions based from the case provided elucidating the
statutory underpinning where necessary. (5 Marks)
Cross-examination of the petitioner
The respondent gifted you a car. Correct?
So, you deserted the respondent in September 2014?
You knew of the existence of the respondent’s children prior to the marriage. Right?
So, you sold the first vehicle gifted to you by the respondent?
The respondent created a mini-market for you. Right?
The respondent has always supported your family financially. Right?
So, you had several boyfriends after leaving the respondent?
You have procured abortion twice since the celebration of your marriage, right?
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So, between 03.03.2013 to 01.04.2013 you deserted your Malindi, matrimonial home
after you quarreled with the respondent?
You left home for a party with your cousins on 18.04.2014 at 9:30 PM and came back at
about 4.30am drunk, right?
On 18.10.2014 the respondent came across a new number in your phone bearing
messages from a person saved in your contacts as “future hubby”. Right?
Cross-examination of the respondent
On 24.07.2010, you failed to attend your birthday organized by the petitioner because
you had gone to attend the burial of your daughter’s mother. Right?
Prior to the marriage, you had promised to take the respondent to university. Correct?
Do you have children from other relationships?
You transferred the ownership of the Mercedes-benz to the petitioner. Is it true?
So, you set up a mini-market for the petitioner?
In the early 2011 you followed the petitioner to a beach while she was with her female
friend and her children and pulled out a knife. Right?
You bought a panga and knife and kept them in your bedroom. Correct?
On 20.10.14 while the Petitioner was doing her hair at a hair salon you threw her a
punch/chair and drew out a knife pointing at her and shouting that you would kill her.
Correct?
You have been rude to the Petitioner since the inception of your marriage and have been
keeping the company of other women especially while the petitioner was absenting
herself. Right?
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QUESTION THREE
Draft all re-examination in chief questions based from the case provided elucidating the
statutory underpinning where necessary. (5 Marks)
Re-examination of the petitioner
You told this court that the respondent has children from other relationships. How did
you know this?
What did you do to the car gifted to you by the respondent?
You told this court about the mini-market created for by the respondent. Tell this court
about its financial state.
What led to the collapse of the business?
Re-examination of the respondent
Why did you fail to attend your birthday party organized by the petitioner on 24.07.2010?
Tell this court about the cars you gifted to the petitioner.
You told this court that the petitioner had several boyfriends. How did you know about
it?
Tell this court about your children from other relationships
When did the petitioner know about your children?
QUESTION FOUR
Draft any preliminary objections in the correct format where necessary. (5 Marks)
Order 51, rule 11 of the Civil Procedure Rules provides for the respondent who wishes to oppose
any application to do so through filing a notice preliminary objection.
Section 16 of the Civil Procedure Act requires that one makes an objection as to the place of
suing in the court of first instance since failure to do so no such objection shall be allowed on
appeal.
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Order 2, rule 14 of the Civil Procedure Rules stipulates that no objection shall be to any
pleadings on the ground of any want of form.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
DIVORCE CASE NO. 10 OF 2016
(FORMERLY MOMBASA DIVORCE CAUSE NO. 45 OF 2015)
K A S. …………………..…………… PETITIONER
VERSUS
M M K.………………….………........ RESPONDENT
NOTICE OF PRELIMINARY OBJECTION
TAKE NOTICE that the Respondent herein shall at the hearing of the divorce petition No. 10 of
2016 raise a preliminary objection and shall pray for the issue of matrimonial property to be
struck out on the ground that;
1. The issue has been addressed in a cross petition raised by the respondent who is pleading
that the issue of the property to be determined in a different suit. This issue should not be
raised by the petitioner in this particular petition since it is contrary to Section 7 of the
Civil Procedure Act which stipulates that no court shall try any suit or issue in which the
matter directly and substantially in issue in a former suit between the same parties under
whom they or try such subsequent suit or the suit in which such issue has been
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subsequently raised, and has been heard and finally decided and has been finally decided
by such court.
DATED AT NAIROBI THIS 13
TH
DAY OF NOVEMBER 2019.
ONYONKA & COMPANY
ADVOCATES FOR THE RESPONDENT
Drawn & Filed By:-
ONYONKA AND CO. ADVOCATES,
Ahadi Hse. 3
rd
Floor, Kiu River Road,
P.O. Box 450-4020 Nairobi, Kenya
Tel +254790587698/+254736802499,
E-MAIL: info@Onyonkaadvocates.co.ke
TO BE SERVED UPON:-
TARA & CO. ADVOCATES,
Lonro Hse. Kenyatta Avenue, Nairobi, Kenya
P.O. Box 3897-800-100 Nairobi, Kenya
Mobile Phone Number: +254712678345
E-MAIL: fatu@taraadvocates.co.ke

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