Oganga v Were (Environment and Land Appeal E010 of 2023) [2024] KEELC 3400 (KLR) (25 April 2024) (Ruling)

Summary at a glance

Facts

The appellant, John Ojwang’ Oganga, seeks leave to file additional evidence on appeal, including his primary school certificate and birth certificate, which he claims were misplaced and could not be produced before the trial court.

Issues

• Whether the appellant should be granted leave to adduce additional evidence

Reasoning

The court finds that the appellant has not shown that the additional evidence is pertinent to the just determination of the dispute and that the respondent is not prejudiced.

Outcome

The motion is denied.

Orders

• The court denies the appellant's motion for leave to adduce additional evidence.

Authorities cited