Wandaka & 2 others v Elizabeth Wambui Mwangi (Civil Appeal 36 of 2019) [2024] KECA 1315 (KLR) (27 September 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1315
- Citation
- [2024] KECA 1315 (KLR)
- Decided
- 27 September 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High Court of Kenya at NakuruCoramM. WARSAME, J. MATIVO, M. GACHOKA
Holding
The application to adduce new evidence is dismissed with costs to the respondent.
Facts
The applicants initiated a civil suit claiming that one Muturi Munene (deceased) was the owner of ballot No. 36 in Mukinye Farmers' Cooperative Society Limited. The deceased transferred his share and ballot to the applicants, who subsequently sold it to the 1st applicant. However, the plot was already transferred to Erastus Kimanga and later to Georey Gacathi, and the applicants claim this was done fraudulently and illegally.
Issues
- Whether the applicants exercised due diligence in their case
- Whether the applicants can adduce new evidence at the appellate stage
Reasoning
The court found a lack of due diligence and declined to exercise discretion in favor of the applicants, as their case does not fall within the guidelines set by the Supreme Court.
Outcome
Appeal dismissed
Orders
- Application to adduce new evidence dismissed
Remedies
- Costs to the respondent
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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