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Woburn Estate Limited v Margaret Bashforth [2020] KEELC 1031 (KLR)

[2020] KEELC 1031 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1031
Citation
[2020] KEELC 1031 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudgmentPostureApplication for review of JudgmentCoramJ.O. OLOLA
Holding

The application is dismissed with costs to the Defendant.

Facts

The Plaintiff filed a Notice of Motion seeking to review a Judgment declaring the accounts for the year ended 30th April 2009 as a forgery and that Mr. Esposito Franco participated in their preparation. The Plaintiff claims to have new evidence, including emails, that were not available during the original hearing.

Issues

  1. Whether the Plaintiff has shown discovery of new and important matter or evidence that was not within its knowledge or could not be produced at the time the Judgment was made.
  2. Whether the Plaintiff has made the application without unreasonable delay.

Reasoning

The Court found no merit in the Plaintiff's application as it was filed more than five years after the Judgment was rendered and the Plaintiff did not explain why the application was not made earlier.

Outcome

Dismissed with costs

Orders

  • Application dismissed
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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