Tana and Athi River Development Authority v County Government of Tana River & another [2018] KECA 296 (KLR)
- Court
- Court of Appeal
- Case number
- 296
- Citation
- [2018] KECA 296 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to adduce additional evidenceCoramP. N. WAKI, ALNASHIR VISRAM, W. KARANJA
Holding
The court allows the application and admits the documents as additional evidence.
Facts
The County Government of Tana River filed a petition in the Environment and Land Court challenging the allocation and issuance of title over L. R. No. 28026 to the appellant. The appellant denied the allegations and claimed necessary approvals for agricultural activities.
Issues
- Whether the evidence sought to be adduced was neither in the appellant's possession nor capable of being obtained with due diligence.
- Whether the respondents would suffer any prejudice if leave is granted.
- Whether the matter being a public interest issue, the leave sought ought to be granted.
Reasoning
The court finds that the evidence could not have been obtained with reasonable diligence for use at the trial and is material to the just determination of the dispute.
Outcome
The application is granted.
Orders
- The documents attached by the appellant from page 230 to 270 of the record of appeal are admitted as additional evidence.
- The 1st respondent shall have costs of this application.
Authorities cited
Cases cited (3)
- Mzee Wanjie
- Joginder Auto Services Ltd vs Shaffique
- Dorothy Nelima Wafula vs Hellen Nekesa Nielsen & Paul Fredrick Nelson
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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