[2019] KEELC 1726 (KLR)
The court held that documents annexed by the 1st defendant through submissions constituted new evidence and could not be admitted at that stage of proceedings. The court agreed with the applicant's counsel that such documents must be expunged to preserve the integrity of the trial process and ensure that all parties...
Source-derived case information.
- Citation
- [2019] KEELC 1726 (KLR)
- Parties
- Applicant: Julia Mugure (suing as the administratrix of the estate of the late Wilfred Njagi Kiragu – Deceased); Respondent: Benjamin Collins Mati; Respondent: Gerrad Nyagi Wilson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2018
- Procedural Posture
- Originating Summons / Ruling on Admissibility of Documents and Directions for Judgment
- Outcome
- Documents annexed by the 1st defendant through submissions are expunged; directions given for filing of submissions and delivery of judgment.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Limitation of Actions, Expunging Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Julia Mugure (suing as the administratrix of the estate of the late Wilfred Njagi Kiragu – Deceased)
Applicant
Benjamin Collins Mati
Respondent
Gerrad Nyagi Wilson
Respondent
Procedural Posture
Originating Summons / Ruling on Admissibility of Documents and Directions for Judgment
Legal Issues
- 1 Whether documents annexed by the 1st defendant through submissions can be admitted as evidence.
- 2 Whether the doctrine of adverse possession entitles the applicant to registration of 1.00 acre out of LR: MAGUMONI/MUKUUNI/303.
- 3 Whether the expunged documents affect the outcome of the originating summons.
Ratio Decidendi
The court held that documents annexed by the 1st defendant through submissions constituted new evidence and could not be admitted at that stage of proceedings. The court agreed with the applicant's counsel that such documents must be expunged to preserve the integrity of the trial process and ensure that all parties have a fair opportunity to respond to evidence. The ruling applied not only to the present case but also to related matters (ELC 10, 11, 12, 13, and 14 of 2018) where similar attempts to introduce new evidence through submissions had occurred. The court directed parties to file soft copies of their written submissions within seven days and fixed the date for delivery of...
Court Disposition
Documents annexed by the 1st defendant through submissions are expunged; directions given for filing of submissions and delivery of judgment.
Orders
- Annextures 11 to 14 filed by the 1st defendant through submissions are hereby expunged from the record.
- The same documents, if filed in ELC Numbers 11, 12, 13, and 14, are also expunged.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 14 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 OF KENYA AND
IN THE MATTER OF AN APPLICATION BY JULIA MUGURE THAT THE
COURT DO MAKE A DECLARATION THAT HE IS ENTITLED TO 1. 00 ACRES
OUT OF LR: MAGUMONI/MUKUUNI/303 UNDER THE DOCTRINE OF ADVERSE POSSESSION AND
IN THE MATTER OF AN APPLICATION BY JULIA MUGURE THAT HE BE REGISTERED WITH
1. 00 ACRE OUT OF LR:MAGUMONI/MUKUUNI/303 UNDER THE DOCTRINE OF ADVERSE POSSESSION
JULIA MUGURE(suing as the administratrix of the
estate of the late WILFREDNJAGI KIRAGU – DECEASED)......APPLICANT
VERSUS
BENJAMIN COLLINS MATI.................................................1ST RESPONDENT
GERRAD NYAGI WILSON....................................................2ND RESPONDENT
RULING
1. This Ruling is meant to implement this court’s order in ELC 10 OF 2018 (OS) where the court expunged documents filed by the 1st defendant through his submissions and also fixed the 15th of October, 2019 as the date for delivery of the apposite judgment. The said ruling reads as follows:
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
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