[2013] KEHC 2119 (KLR)
The court found that the applicants had demonstrated sufficient effort to obtain the minutes of the Land Board meeting of 19/04/2011 but were unable to do so, and that the letter from Dr. Mary W. Kuria had been rejected by the lower court. The court held that the documents were relevant to the determination of the...
Source-derived case information.
- Citation
- [2013] KEHC 2119 (KLR)
- Parties
- Appellant: Edward Njane Nganga; Appellant: Samuel Mwangi Nganga; Respondent: Damaris Wanjiku Kamau
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 8 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application to Adduce Additional Evidence
- Outcome
- application granted
- Judges
- A Ombwayo
- Legal Topics
- Adduction of Additional Evidence, Appeals Procedure, Land Board Minutes, Rejection of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Njane Nganga
Appellant
Samuel Mwangi Nganga
Appellant
Damaris Wanjiku Kamau
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application to Adduce Additional Evidence
Legal Issues
- 1 Whether the applicants have satisfied the requirements for adducing additional evidence on appeal under Order 42 rule 27 (1) (b) of the Civil Procedure Rules.
- 2 Whether the documents sought to be produced are necessary for the determination of the appeal and could not be obtained with reasonable diligence.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient effort to obtain the minutes of the Land Board meeting of 19/04/2011 but were unable to do so, and that the letter from Dr. Mary W. Kuria had been rejected by the lower court. The court held that the documents were relevant to the determination of the appeal and that the requirements of Order 42 rule 27 (1) (b) had been met. Since the application was not opposed and the evidence was necessary for the just resolution of the appeal, the court granted the application to adduce additional evidence.
Court Disposition
application granted
Orders
- The application to adduce additional evidence is allowed in terms of prayer b.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CIVIL APPEAL NO.8 OF 2013
EDWARD NJANE NGANGA )
SAMUEL MWANGI NGANGA)….......................................APPELLANTS
VERSUS
DAMARIS WANJIKU KAMAU…......................................RESPONDENT
R U L I N G
The application dated 17th June 2013 is made under Order 42 rules 27 (a) and rule 28 and is not opposed. Order 42 rule 27 (a) is not relevant as there is no evidence that the court appealed from refused to admit the evidence sought to be adduced.
Order 42 rule 27 (1) (b) is relevant only if the applicant proves that the documents sought to be produced are required by the court to pronounce judgment or any substantial cause.
I have looked at the application and convinced that the documents are relevant in the determination of the appeal however, the applicant has to prove to this court that the documents were not available and could not be obtained without undue hardship.
The applicant has demonstrated to the court that he attempted to obtain the minutes of the Land Board meeting of 19/04/2011 but could not obtain the same and that the letter of Dr. Mary W. Kuria was rejected by court and therefore his crucial evidence was not considered by the court.
The upshot of this is that the application is merited and not opposed and the same is granted in terms of prayers b. Orders accordingly.
Dated, signed and delivered on 19th day of September 2013.
A. OMBWAYO
JUDGE