Thuo & another v Adam & 6 others (Environment and Land Appeal E003 of 2024) [2024] KEELC 6795 (KLR) (8 October 2024) (Ruling)

Summary at a glance

Facts

The appellants sought to re-open their case and adduce additional evidence, and amend their pleadings, but the trial court denied these requests.

Issues

• Whether the learned trial magistrate failed to exercise his discretion judiciously to allow the appellants to re-open their case to adduce additional evidence and amend their pleadings.
• Whether the proposed amendments by the appellants will introduce a new cause of action.
• Whether the trial court ignored the fact that it has a constitutional duty to deliver substantive justice.
• Whether the respondents will be prejudiced if the appeal is allowed.

Reasoning

The court found that the appellants failed to seek the amendments when granted leave in 2018 and that their intentions reek of malice and mischief.

Outcome

Appeal dismissed

Authorities cited