Mwanzi & another (Both Trading as Kayole Hekima Academy Educational Centre) v Mwangi & 4 others (Environment & Land Case 126 of 2011) [2024] KEELC 5579 (KLR) (18 July 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5579
- Citation
- [2024] KEELC 5579 (KLR)
- Decided
- 18 July 2024
Summary at a glance
TypeEnvironment and Land CasePostureAppeal from an original trial decisionCoramLN MBUGUA, Mbugua
The objection to the production of the documents is not merited, and the documents are hereby dismissed.
Facts
The 4th and 5th defendants sought to produce two documents (a formalization card and a receipt) as exhibits, but the 1st plaintiff objected to their production due to lack of original documents and contentious nature.
Issues
- Whether the objection to the production of the documents should be upheld
- Whether the documents should be expunged from the trial
Reasoning
The documents are important for the just determination of the dispute and no evidence indicates they were obtained unlawfully. The defense will have an opportunity to cross-examine the witness.
Outcome
The objection to the production of the documents is dismissed.
Orders
- The documents in question are hereby dismissed from the trial.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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