Joyce Kilonzo v Attorney General & 3 others [2021] KEELC 2077 (KLR)
- Court
- Environment & Land Court
- Case number
- 2077
- Citation
- [2021] KEELC 2077 (KLR)
- Decided
- 13 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice of Motion applicationCoramHON. MBOGO C.G.
Holding
The application is dismissed with costs to the Plaintiff/Respondent and the 1st Defendant/Respondent.
Facts
The 4th Defendant/Applicant sought to review an order made on 8th November, 2019, allowing her to give evidence on the allotment of plot No. 63 to the Plaintiff in 1997 and to the 4th Defendant on 3rd June, 2009. She claimed that new evidence was discovered after the order was made.
Issues
- Whether the application to review the order is competent and devoid of merit.
- Whether the application is a waste of the court's time and an abuse of the court process.
Reasoning
The court found the application incompetent and devoid of merit, as the new evidence was not within the Applicant's knowledge and there was no reasonable delay. The court also noted contradictions in the Applicant's submissions.
Outcome
Dismissed
Orders
- Order made on 8th November, 2019 by this Honourable Court be reviewed and set aside
- Costs of this proceedings
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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