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Rasto Gwiyo Mikaya v Charo Ruwa Mwagona & 5 others [2021] KEELC 3067 (KLR)

[2021] KEELC 3067 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3067
Citation
[2021] KEELC 3067 (KLR)
Decided
3 June 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramJ.O. Olola
Holding

The application is dismissed with costs to the Plaintiff

Facts

The Plaintiff filed a suit in 2000, and a judgment was delivered in 2005. The Defendants applied to review the judgment and adduce new evidence.

Issues

  1. Review of the 2005 judgment
  2. Reopening the defense case to adduce new evidence

Reasoning

The Court found no basis for the Defendants' claims of new evidence and an apparent error on the face of the record. The application was filed in abuse of process and is res judicata.

Outcome

Appeal dismissed

Orders

  • Application dismissed
  • Costs awarded to the Plaintiff
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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