Thomas Matee Nzomo (Suing as the legal representative of the Estate of Daniel Nzomo Wambua – Deceased) v Makueni County Government [2020] KEELC 332 (KLR)
- Court
- Environment & Land Court
- Case number
- 332
- Citation
- [2020] KEELC 332 (KLR)
The objection/application by the Plaintiff has no merit and is dismissed with no orders as to costs.
Facts
The Plaintiff, Thomas Matee Nzomo, is the legal representative of the Estate of Daniel Nzomo Wambua. The Defendant, Makueni County Government, is in court following an amended plaint registered in court on 22nd May, 2018. The Plaintiff had previously sued Wote Town Council and there has never been complete finalization of the handing over of the assets and liabilities of the defunct Council.
Issues
- Whether the court allowed the Defendant to give fresh evidence from the dock when the Plaintiff's case was long closed.
- Whether the Plaintiff's counsel misled the court regarding the Defendant's witnesses and the Plaintiff's witnesses' statements.
Reasoning
The court directed the parties to comply with Order 11 of the Civil Procedure Rules, but not all procedures were followed. The Defendant's witness was allowed to elucidate on documents originally belonging to the defunct Town Council of Wote, and the Plaintiff had a chance to do the same.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules
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