[2025] KEELC 3641 (KLR)

[2025] KEELC 3641 (KLR)

The court found that the issue of expunging the Surveyor's Report had already been considered and determined by a previous judge, who declined to expunge the report and instead allowed the Defendant to file his own survey report. The Defendant, having failed to appeal that decision, was not entitled to bring a fresh...

Source-derived case information.

Citation
[2025] KEELC 3641 (KLR)
Parties
Plaintiff: Said Mzee Khamis; Defendant: Seif Lamir
Court
Environment and Land Court
Court Station
Environment and Land Court at Mombasa
Jurisdiction
Kenya
Judgment Date
8 May 2025
Case Number
Environment & Land Case 217 of 2019
Procedural Posture
Notice of Motion / Ruling on Application to Expunge Surveyor's Report
Outcome
application dismissed with costs to the plaintiff
Judges
JO Olola
Legal Topics
Expunging Evidence, Survey Reports, Admissibility of Evidence, Land Ownership Disputes
Source Language
english
Land and Property Civil Procedure Expunging Evidence Survey Reports Admissibility of Evidence Land Ownership Disputes

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Summary, issues, holding and outcome

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Parties

Said Mzee Khamis

Plaintiff

Seif Lamir

Defendant

Procedural Posture

Notice of Motion / Ruling on Application to Expunge Surveyor's Report

Legal Issues

  1. 1 Whether the Surveyor's Report dated 4th April, 2022 should be expunged from the court record.
  2. 2 Whether the Defendant is entitled to bring a fresh application to expunge the report after a prior court decision on the same issue.

Ratio Decidendi

The court found that the issue of expunging the Surveyor's Report had already been considered and determined by a previous judge, who declined to expunge the report and instead allowed the Defendant to file his own survey report. The Defendant, having failed to appeal that decision, was not entitled to bring a fresh application seeking the same relief. The court further held that survey reports are merely opinions and do not bind the court, which will consider all evidence at trial. Accordingly, the application to expunge the Surveyor's Report was dismissed as lacking merit.

Court Disposition

application dismissed with costs to the plaintiff

Orders

  • The Notice of Motion dated 31st October, 2023 is dismissed.
  • Costs of the application are awarded to the Plaintiff.