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Isalamba v Muyonga & 4 others (Environment & Land Case 94 of 2016) [2022] KEELC 2385 (KLR) (28 June 2022) (Ruling)

[2022] KEELC 2385 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2385
Citation
[2022] KEELC 2385 (KLR)
Decided
28 June 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment granting an injunction and costs, with an application for review of the judgment on the basis of new evidence.CoramD. O. OHUNGO, J.
Holding

The application for review is dismissed with costs to the plaintiff.

Facts

The plaintiff, Isalamba, had obtained an injunction restraining the defendants from interfering with his land. The defendants later applied for review of the judgment on the grounds of new evidence.

Issues

  1. Whether the application for review is merited.
  2. Whether the delay in bringing the application is unreasonable.

Reasoning

The court found no merit in the application for review due to unreasonable delay and lack of explanation for the delay in bringing the application.

Outcome

Application dismissed with costs

Orders

  • Application dismissed with costs to the plaintiff.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
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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