Lutuli Alex Wanyonyi Nyongesa Paul (Suing under the Power of Attorney for, on behalf of and for the benefit of Wekesa Raphael Nyongesa Lihana) v Alice Khisa [2020] KEELC 3496 (KLR)
- Court
- Environment & Land Court
- Case number
- 3496
- Citation
- [2020] KEELC 3496 (KLR)
- Decided
- 20 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from a previous judgmentCoramBoaz N. Olao
Holding
The defendant's application for review of the judgment is dismissed with costs.
Facts
The plaintiff filed a suit against the defendant seeking eviction from land parcel NO NDIVISI/NDIVISI/2646. The defendant claimed the suit was subjudice and accused the plaintiff of enlarging the suit land. The plaintiff relied on a fake register, while the defendant presented new evidence showing the correct acreage of the suit land.
Issues
- Review of the previous judgment
- New evidence and its admissibility
Reasoning
The court found that the defendant failed to demonstrate that the new evidence was not within his knowledge and could not be produced with due diligence.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (2)
- KWA who is insane and had custody of the documents stays with her sister YISWA who nurses her.
- ROSE KAIZA .V. ANGELO MPANJU KAIZA C.A CIVIL APPEAL NO 225 OF 2008
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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