Olwanda v Chapa (Environment and Land Appeal 7 of 2021) [2023] KEELC 17340 (KLR) (11 May 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17340
- Citation
- [2023] KEELC 17340 (KLR)
- Decided
- 11 May 2023
Summary at a glance
TypeAppealPostureAppeal from the judgment and decree of Vihiga lower court ELC NO. 52 of 2018CoramE ASATI
The application is granted, and the affidavit of Moses Arunga Muduwa is deemed to be part of the Supplementary Record of appeal.
Facts
The appellant Olwanda seeks to adduce additional evidence in the form of an affidavit by Moses Arunga Muduwa, who was incapacitated and hospitalized at the time of the lower court proceedings.
Issues
- Whether the additional evidence should be allowed to be adduced by Moses Arunga Muduwa
- Whether the additional evidence is relevant and necessary to serve the interests of justice
Reasoning
The court finds that the additional evidence is genuine and relevant, and is not aimed at filling gaps in the evidence.
Outcome
Appeal granted
Orders
- Affidavit of Moses Arunga Muduwa is deemed to be part of the Supplementary Record of appeal
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