Noor v Ngusare & another (Environment & Land Case E240 of 2021) [2025] KEELC 406 (KLR) (30 January 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 406
- Citation
- [2025] KEELC 406 (KLR)
- Decided
- 30 January 2025
The court grants the plaintiff's motion for review on the grounds of new evidence and orders the court to amend the plaintiff's name and issue further orders as deemed just and expedient.
Facts
The plaintiff, Amin Sheikh Noor, sued the defendant, Irene Jarena Ngusare, for failing to execute transfer documents after receiving the purchase price for an apartment. The case was dismissed due to inability to prove the payments were made as per the agreement. The plaintiff now claims to have new bank records that prove the payments were made.
Issues
- Whether the court can review its previous judgment on the grounds of new evidence
- Whether the plaintiff's delay in filing the application was reasonable
Reasoning
The court found that the plaintiff provided new evidence that was not within her knowledge at the time of the previous judgment, and that she had acted with due diligence in obtaining this evidence.
Outcome
The court grants the plaintiff's motion for review and orders the court to amend the plaintiff's name and issue further orders as deemed just and expedient.
Orders
- To amend the plaintiff's name from Abdi Sheikh Noor to Amin Sheikh Noor
- To issue further orders as deemed just and expedient
Remedies
- To amend the plaintiff's name from Abdi Sheikh Noor to Amin Sheikh Noor
- To issue further orders as deemed just and expedient
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (3)
- Francis Njoroge V Stephen Maina Kamore (2018) eKLR
- Turbo Highway Eldoret Limited –vs- Synergy Industrial Credit Limited [2016]eKLR
- Rose Kaiza –vs- Angelo Mpanjuiza [2009]eKLR
Loading judgment…