Rasto Gwiyo Mikaya v Charo Ruwa Mwagona & 5 others [2021] KEELC 3067 (KLR)
- Court
- Environment & Land Court
- Case number
- 3067
- Citation
- [2021] KEELC 3067 (KLR)
- Decided
- 3 June 2021
Summary at a glance
TypeCivilPostureAppeal from a previous judgmentCoramJ.O. Olola
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
- Review of the 2005 judgment
- 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
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