Waithaka & 2 others v Waiganjo (Environment and Land Appeal E062 of 2021 & 17 of 2022 (Consolidated)) [2024] KEELC 13373 (KLR) (18 November 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13373
- Citation
- [2024] KEELC 13373 (KLR)
- Decided
- 18 November 2024
Summary at a glance
TypeEnvironment and Land AppealPostureAppeal from a previous judgmentCoramJG KEMEI
The Application is allowed as prayed, and the 1st Appellant is granted leave to come on record.
Facts
The 1st Appellant seeks orders to review a previous judgment regarding the suit land, Ruiru/Ruiru East /Block 2/3516, registered in the Respondent's name. New evidence was discovered, including a letter from Nyakinyua Investment Company & Gatundu Nyakinyua Company Ltd and a Share Certificate.
Issues
- Whether the Application for review of the judgment is merited
- Whether the 1st Appellant has the right to legal representation by Counsel
Reasoning
The Court allows the Application for review of the judgment, as the 1st Appellant has the right to legal representation by Counsel of their choice, and the new evidence discovered is not within the 1st Appellant's knowledge or could not be produced at the time of the previous judgment.
Outcome
The Application is allowed
Orders
- The 1st Appellant is granted leave to come on record
Authorities cited
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