[2019] KEELC 1725 (KLR)
The court found that the 1st defendant's annexures 11 to 14, filed together with written submissions, constituted new evidence improperly introduced at the submissions stage. The court held that such documents are inadmissible as parties are not permitted to introduce new evidence after the close of pleadings and...
Source-derived case information.
- Citation
- [2019] KEELC 1725 (KLR)
- Parties
- Applicant: Njeru Phillip Njoka; 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 12 of 2018
- Procedural Posture
- Originating Summons / Ruling on Expunging Documents and Directions for Judgment
- Outcome
- Documents improperly introduced through submissions expunged; directions given for filing submissions and judgment date set.
- 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
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Parties
Njeru Phillip Njoka
Applicant
Benjamin Collins Mati
Respondent
Gerrad Nyagi Wilson
Respondent
Procedural Posture
Originating Summons / Ruling on Expunging Documents and Directions for Judgment
Legal Issues
- 1 Whether documents annexed by the 1st defendant through submissions constitute inadmissible new evidence.
- 2 Whether such documents should be expunged from the record in this and related cases.
- 3 Whether parties should be directed to file soft copies of their submissions.
Ratio Decidendi
The court found that the 1st defendant's annexures 11 to 14, filed together with written submissions, constituted new evidence improperly introduced at the submissions stage. The court held that such documents are inadmissible as parties are not permitted to introduce new evidence after the close of pleadings and evidence. Accordingly, the court ordered that these documents be expunged from the record in this case and in related cases where similar documents had been filed. The court further directed all parties to file soft copies of their written submissions within seven days and set a common judgment delivery date for the related matters.
Court Disposition
Documents improperly introduced through submissions expunged; directions given for filing submissions and judgment date set.
Orders
- Annexures 11 to 14 filed by the 1st defendant through submissions are expunged from the record in this and related cases.
- Parties are directed to file soft copies of their written submissions within 7 days.
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. 12 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 NJERU PHILLIP
NJOKA THAT THE COURT DO MAKE A DECLARATION
THATHE IS ENTITLED TO 2. 01 ACRES OUT OF LR:
MAGUMONI/MUKUUNI/303 UNDER THE DOCTRINE OF ADVERSE POSSESSION AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILLIP
NJOKA THATHE BE REGISTERED WITH 2. 01 ACRES OUT
OF LR:MAGUMONI/MUKUUNI/303 UNDER THE DOCTRINE OF ADVERSE POSSESSION
NJERU PHILLIP NJOKA ............................................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