Daniel Nyabaro Omwega & another v Kennedy Omwega Magachi [2021] KEELC 73 (KLR)
- Court
- Environment & Land Court
- Case number
- 73
- Citation
- [2021] KEELC 73 (KLR)
- Decided
- 30 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment dated 29th September, 2020CoramJ.M ONYANGO
Holding
The application is dismissed with costs to the Respondent.
Facts
The Plaintiff and 2nd Plaintiff filed a lawsuit against the Defendant. The Defendant applied for review of the judgment and subsequent orders.
Issues
- Whether the court should review and set aside its judgment dated 29th September, 2020 and all subsequent orders.
- Whether the new evidence discovered by the Applicant is new and important evidence that could not have been found after the exercise of due diligence.
Reasoning
The court found that the new evidence discovered by the Applicant was not new and important evidence that could not have been found after the exercise of due diligence. The court also noted that the judgment was not called upon to review the merits of the decision of the tribunal but rather to determine if the tribunal had jurisdiction.
Outcome
Dismissed
Orders
- Application dismissed with costs to the Respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
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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