Wambugu v Chief Land Registrar & 6 others; Agricultural Development Corporation (Interested Party) (Environment and Land Petition E005 of 2024) [2025] KEELC 6261 (KLR) (Environment and Land) (25 September 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6261
- Citation
- [2025] KEELC 6261 (KLR)
- Decided
- 25 September 2025
Summary at a glance
The application is stayed pending an address by the parties regarding whether the current petition is sub judice in Naivasha ELCLC No. E053 of 2024.
Facts
The petition involves disputed ownership of land, with competing claims from the parties. The Respondents objected to the application, citing the need for equal chance to interrogate the Petitioner and avoiding judicial determination of ownership.
Issues
- Whether to allow cross-examination of deponents to replying affidavits
- Whether to hear the matter by affidavit evidence only
- Whether to allow viva voce evidence to resolve contested matters of fact
Reasoning
The court considered the contentious nature of the claims and the need for viva voce evidence to resolve contested matters of fact. However, the court decided to stay the application to avoid hearing two cases simultaneously.
Outcome
Application dismissed and stay granted
Orders
- Stay of application pending address by parties
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