Njuguna v Nganga & another (Environment & Land Case 310 of 2015) [2023] KEELC 21037 (KLR) (26 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21037
- Citation
- [2023] KEELC 21037 (KLR)
- Decided
- 26 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to call additional witnessesCoramFM NJOROGE
Holding
The court grants the plaintiff's application and issues orders allowing him to call the additional witnesses and to file and serve their witness statements within 14 days.
Facts
The plaintiff, Duncan Kinyitita Njuguna, seeks to call two deceased witnesses, Hillary Muturi Kinyitta and Joseph Chege Mwaniki, to testify in his case.
Issues
- Whether the plaintiff should be granted leave to call additional witnesses
- Whether the plaintiff should be granted leave to file and serve the witness statements of the additional witnesses
Reasoning
The court considers the spirit of Article 159 of the Constitution of Kenya and Section 3A of the Civil Procedure Act, finding that the plaintiff deserves the orders sought.
Outcome
The application is granted.
Orders
- Leave granted to call 2 more additional witnesses
- Leave granted to file and serve witness statements of the additional witnesses within 14 days
- Corresponding leave granted to the defense to file and serve any further witness statements within 7 days if needed
- No orders as to costs
Remedies
- Granting leave to call additional witnesses and file witness statements
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- 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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