Republic v Chairman Land Disputes Tribunal Meru Central District & 2 others Ex-parte Zacharia Mputhia M’Ithirai [2018] KEELC 1023 (KLR)
- Court
- Environment & Land Court
- Case number
- 1023
- Citation
- [2018] KEELC 1023 (KLR)
- Decided
- 31 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication to review a previous judgmentCoramHON. LUCY. N. MBUGUA, ELC JUDGE
Holding
The application is not properly before the court and the applicant should have appealed if dissatisfied. The application is hence struck out with costs to the respondent and the interested party.
Facts
The applicant filed a notice of motion seeking a review and/or setting aside of a previous judgment. The respondent and interested party argued that the application was not properly before the court and that the applicant should have appealed instead.
Issues
- Application not properly before the court
- Adducing evidence after judgment
- Res-Judicata
Reasoning
The court found that the applicant wanted to adduce more evidence after the judgment was delivered, which is not allowed. The matter was also argued to be res judicata, but the court did not address this issue further.
Outcome
Application struck out
Orders
- Application dated 22.8.2018 is struck out with costs to respondent and the interested party
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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