Were & 2 others v Agricultural Development Corporation & another (Environment and Land Case E001 of 2022) [2025] KEELC 8628 (KLR) (10 December 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 8628
- Citation
- [2025] KEELC 8628 (KLR)
- Decided
- 10 December 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land CasePostureApplication for leave to file additional documentsCoramCK NZILI
Holding
The application is allowed, and the plaintiffs shall file and serve the additional documents within 14 days from the date of the ruling.
Facts
The hearing was initially scheduled for October 28, 2025, but the original documents crucial for a just determination were misplaced and have now been retrieved. The applicants seek to file a police abstract, an affidavit, and an allotment letter.
Issues
- Whether the application for leave to file additional documents is valid given the documents were not in the pleadings
- Whether the court should grant leave to file the additional documents
Reasoning
The court considers the principles of substantive justice and the need to allow parties to present all available and relevant documents. The documents are crucial for a just determination and the defendants will have an opportunity to cross-examine.
Outcome
Application allowed
Orders
- Plaintiffs shall file and serve the additional documents within 14 days from the date of the ruling
Authorities cited
Cases cited (4)
- Odinga & 5 others -vs- Independent Electoral and Boundaries Commission & 3 others (Petition 5, 3 & 4 of 2013 (Consolidated)) [2013] KESC 6 (KLR) (16 April 2013)
- Ongeri -vs- Skytop Technologies Ltd (2019) eKLR
- Marcus Kibuku Nimrod & Another -vs- Nessy Kuthii Justus 2017 eKLR
- Okwara -vs- Ouma (Environment & Land Case 175 of 2017) [2024] KEELC 13392 (KLR) (13 November 2024) (Ruling)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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