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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)

[2024] KEELC 5579 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
5579
Citation
[2024] KEELC 5579 (KLR)
Decided
18 July 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Cases cited (5)
  • Civil Procedure Rules, 2010
  • Article 159 (2) (b) and (d) of the Constitution
  • Civil Procedure Act
  • Order 3
  • Order 11 of the Civil Procedure Rules
⚠ 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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