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Stephen Marira Mwangi v David Njiri Stephen & 7 others [2019] KEELC 3843 (KLR)

[2019] KEELC 3843 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3843
Citation
[2019] KEELC 3843 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment of the Environment and Land CourtCoramJ.G. KEMEI
Holding

The application is dismissed. The judgment entered on 20/9/18 is upheld.

Facts

The Plaintiff, Stephen Marira Mwangi, filed a notice of motion seeking to stay a judgment and rehear the matter due to alleged improper eviction and new evidence.

Issues

  1. Eviction of defendants ahead of the period allowed by the Court
  2. New and important evidence not available to defendants
  3. Plaintiff's claim to the land is disputed
  4. Location of the suit land is disputed

Reasoning

The court found that the Plaintiff did not commence eviction ahead of the stipulated period and that the new evidence was not new or important enough to warrant a rehearing.

Outcome

Appeal dismissed

Orders

  • The judgment entered on 20/9/18 is upheld
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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