[2019] KEELC 1723 (KLR)
The court held that documents annexed as annextures 11 to 14 by the 1st defendant constituted new evidence improperly introduced at the submissions stage, contrary to procedural rules. The court exercised its discretion to expunge these documents from the record, emphasizing that evidence must be properly adduced...
Source-derived case information.
- Citation
- [2019] KEELC 1723 (KLR)
- Parties
- Plaintiff: Bundi Kiragu; Defendant: Benjamin Collins Mati; Defendant: Gerrad Nyagi Wilson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 10 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Admissibility of Documents and Directions for Judgment
- Outcome
- Application to expunge annextures 11 to 14 allowed; directions for submissions and judgment date issued.
- Judges
- FM Njoroge
- Legal Topics
- Admissibility of Evidence, Written Submissions, Adverse Possession, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bundi Kiragu
Plaintiff
Benjamin Collins Mati
Defendant
Gerrad Nyagi Wilson
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Admissibility of Documents and Directions for Judgment
Legal Issues
- 1 Whether new evidence can be introduced through written submissions.
- 2 Whether annextures 11 to 14 filed by the 1st defendant should be expunged from the record.
Ratio Decidendi
The court held that documents annexed as annextures 11 to 14 by the 1st defendant constituted new evidence improperly introduced at the submissions stage, contrary to procedural rules. The court exercised its discretion to expunge these documents from the record, emphasizing that evidence must be properly adduced during the hearing and not through submissions. The ruling applies not only to this case but also to related cases (ELC 11, 12, 13, and 14) involving the same parties and issues. The court further directed parties to file soft copies of their written submissions within seven days and set a common judgment date for all related matters.
Court Disposition
Application to expunge annextures 11 to 14 allowed; directions for submissions and judgment date issued.
Orders
- Annextures 11 to 14 filed by the 1st defendant are expunged from the record.
- The same documents, if filed in ELC 11, 12, 13, and 14, are also expunged.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 10 OF 2018 (OS)
IN THE MATTER OF THE REGISTRATION OF LANDS ACT NO. 3 OF 2012 SECTION 28(H)
AND IN THE MATTER OF ORDER 37 RULE 7 CIVIL PROCEDURE RULES
AND IN THE MATTER OF SECTION 38 OF THE LAW OF LIMITATION OF ACTIONS ACT CHAPTER 22 LAWS F KENYA AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILIP NJOKA THAT THE COURT DO MAKE A DECLARATION THAT HE IS ENTITLED TO 2. 01 ACRES OF LR: MAGUMONI/MUKUUNI/303 UNDER THE DOCTRINE OF ADVERSE POSSESSION AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILIP NJOKA THAT HE BE REGISTERED WITH 2. 01 ACRES OUT OF LR:MAGUMONI/MUKUUNI/303 WHICH HE HAS ACQUIRED UNDER THE DOCTRINE OF ADVERSE POSSESSION
BUNDI KIRAGU........................................... PLAINTIFF
VERSUS
BENJAMIN COLLINS MATI.............1ST DEFENDANT
GERRAD NYAGI WILSON................2ND DEFENDANT
RULING
1. This matter came up for fixing of a date for delivery of judgment after all parties had filed their written submissions.
2. Mr. Kaminza, holding brief for Miss Ambani asked the court to expunge annextures 11 to 14 filed by the 1st defendant arguing that new evidence cannot be introduced through submissions.
3. I agree. These documents are hereby expunged. This includes the same documents, if they have been filed in respect of ELC Numbers 11, 12, 13 and 14 where the 1st defendant is also the 1st defendant.
4. Parties are directed to ensure that they have filed soft copies of their written submissions within 7 days of today.
5. It is ordered that a copy of this ruling be filed in ELC 11, 12, 13 and 14 as the contents of this ruling will also apply to those cases.
6. Judgment in ELC 10, 11, 12, 13 and 14 will be delivered on 15th October, 2019.
7. It is so ordered.
Delivered in open court at Chuka this 23rd day of September, 2019 in the presence of:
CA: Ndegwa
IC Mugo for the Plaintiff
Kaminza h/b M/s Ambani for the defendant
P. M. NJOROGE
JUDGE