[2019] KEELC 1721 (KLR)
The court found that documents annexed to written submissions by the 1st defendant constituted new evidence, which is not permissible at the submissions stage. The court agreed with the applicant's position that all evidence must be properly tendered before the close of the hearing. Consequently, the court ordered...
Source-derived case information.
- Citation
- [2019] KEELC 1721 (KLR)
- Parties
- Applicant: Robert Moffat 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 11 of 2018
- Procedural Posture
- Originating Summons / Ruling on Expunging Documents and Directions for Judgment
- Outcome
- Documents annexed to submissions by the 1st defendant expunged; directions given for filing submissions and judgment date set.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Expunging Evidence, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Moffat 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 to written submissions by the 1st defendant should be expunged from the record.
- 2 Whether new evidence can be introduced through submissions at this stage of proceedings.
Ratio Decidendi
The court found that documents annexed to written submissions by the 1st defendant constituted new evidence, which is not permissible at the submissions stage. The court agreed with the applicant's position that all evidence must be properly tendered before the close of the hearing. Consequently, the court ordered that annextures 11 to 14 be expunged from the record, not only in this case but also in related cases where the same documents had been filed. The court further directed parties to file soft copies of their written submissions within seven days and set a common judgment date for the related matters.
Court Disposition
Documents annexed to submissions by the 1st defendant expunged; directions given for filing submissions and judgment date set.
Orders
- Annextures 11 to 14 filed by the 1st defendant 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. 11 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 OF THE LAWS OF KENYA AND
IN THE MATTER OF AN APPLICATION BY ROBERT MOFFAT NJOKA THAT THE COURTDO MAKE
A DECLARATION THAT HE IS ENTITLED TO 2. 00 ACRES OUT OF LR:MAGUMONI/MUKUUNI/303
UNDER THE DOCTRINE OF ADVERSE POSSESSION AND
IN THE MATTER OF AN APPLICATION BY ROBERT MOFFAT NJOKA THAT HE BE
REGISTERED WITH 2. 00 ACRES OUT OF LR:MAGUMONI/MUKUUNI/303
UNDERTHE DOCTRINE OF ADVERSE POSSESSION
ROBERT MOFFAT 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