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Omicron Holdings Limited v Attorney General & 3 others (Environment and Land Case 1191 of 2016) [2026] KEELC 615 (KLR) (11 February 2026) (Ruling)

[2026] KEELC 615 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
615
Citation
[2026] KEELC 615 (KLR)
Decided
11 February 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeNotice of Motion ApplicationPosturePlaintiff seeks to recall witness to produce additional evidence.CoramCA OCHIENG
Holding

The Court denies the Plaintiff's application to recall its witness and produce the Certificate of Lease.

Facts

The Plaintiff seeks to recall its witness to produce a Certificate of Lease for Nairobi/Block 180/609, formerly known as LR No.23364/36, which was not processed before the suit was filed.

Issues

  1. Whether the Plaintiff's witness should be recalled to produce additional evidence.
  2. Whether the Plaintiff's failure to process the Certificate of Lease prior to the suit is justified.

Reasoning

The Court finds that the Plaintiff's statement about the availability of the title was untrue, as no title had been processed by the time of the hearing. The Court also notes that the Plaintiff failed to provide plausible reasons for not processing the Certificate of Lease prior to the suit.

Outcome

Denied

Orders

  • The Plaintiff's application to recall its witness and produce the Certificate of Lease is denied.

Authorities cited

Legislation (2)
  • Civil Procedure Rules
  • Evidence Act
Cases cited (2)
  • Raila Odinga & 5 Others v IEBC & 3 Others, SCK Presidential Petitions Nos. 3, 4 and 5 of 2013
  • Jones Alaka Kimatu v Joseph Kimatu
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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