[2017] KEELC 2118 (KLR)
The court found that the sketch map produced by the plaintiff is an original document obtained from the Nakuru lands office, bearing a reference number traceable in the lands registry. As such, it qualifies as a public document under Sections 38 and 39 of the Evidence Act and is admissible to show the position of...
Source-derived case information.
- Citation
- [2017] KEELC 2118 (KLR)
- Parties
- Plaintiff: Betha Ndumba M'Itwaruchiu; Defendant: Wachira Wambugu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 63 of 2000
- Procedural Posture
- Civil Suit / Ruling on Evidentiary Objection
- Outcome
- Objection partially upheld and partially overruled.
- Legal Topics
- Admissibility of Evidence, Public Documents, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Betha Ndumba M'Itwaruchiu
Plaintiff
Wachira Wambugu
Defendant
Procedural Posture
Civil Suit / Ruling on Evidentiary Objection
Legal Issues
- 1 Whether the sketch map in the plaintiff's list is admissible as evidence as a public document.
- 2 Whether the letter from the Chairman, Mwichwiri Farmers Company to the District Registrar Laikipia is admissible in evidence.
Ratio Decidendi
The court found that the sketch map produced by the plaintiff is an original document obtained from the Nakuru lands office, bearing a reference number traceable in the lands registry. As such, it qualifies as a public document under Sections 38 and 39 of the Evidence Act and is admissible to show the position of the suit land. No issue regarding the interpretation of the map was raised. Conversely, the letter from the Chairman, Mwichwiri Farmers Company, was neither addressed nor copied to the plaintiff, and therefore, its production as evidence was declined at this stage. The court allowed the production of the map as an exhibit and upheld the objection to the letter.
Court Disposition
Objection partially upheld and partially overruled.
Orders
- The sketch map is admitted as an exhibit.
- The letter from the Chairman, Mwichwiri Farmers Company is not admitted as evidence at this stage.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
CIVIL SUIT NO. 63 OF 2000
BETHA NDUMBA M'ITWARUCHIU ...................................PLAINTIFF
VERSUS
WACHIRA WAMBUGU...................................................DEFENDANT
R U L I NG
The ruling is in respect of the objection raised on 10. 7.17 by defence counsel whereby defence objected to the production of ;
(1) Item No. 4, Sketch Map in Plaintiff's list of 21. 08. 12 and
(2) Item No. 5 a letter from Chairman, Mwichwiri Farmers Company to the District Registrar Laikipia.
On the issue of the Sketch Map, I find that the Plaintiff has availed the original map which she bought from Nakuru lands office. The Court has seen the big map. It has a reference Number that can be traced in the lands Registry. It is therefore a public document within the meaning of S. 38 of the evidence Act. S. 39 too is applicable.
Further, I find that the map is only being produced to show the position of the suit land. No issue on interpretation of the map has so far been raised. I hence allow the map to be produced as an exhibit.
As for the document listed as item No 5, the same was not addressed to PW 1. It was not copied to her either. The objection is upheld and the production of the document at this stage is declined.
DELIVERED, DATED AND SIGNED AT MERU THIS DAY OF 26TH, JULY,2017 IN THE PRESENCE OF:
C:A Janet
Rimita for Plaintiff present
Miss Kiome for Plaintiff present
HON. L. N. MBUGUA
ELC JUDGE