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Edward Njane Nganga & another v Damaris Wanjiku Kamau [2013] KEHC 2119 (KLR)

[2013] KEHC 2119 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2119
Citation
[2013] KEHC 2119 (KLR)
Decided
19 September 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a final orderCoramA. OMBWAYO
Holding

The application is granted in terms of prayers b.

Facts

The appellants sought to obtain documents from the Land Board meeting of 19/04/2011 and a letter from Dr. Mary W. Kuria, which were not considered by the court, leading to the appellants' crucial evidence being rejected.

Issues

  1. Whether the documents sought to be produced are required by the court to pronounce judgment or any substantial cause.
  2. Whether the documents were not available and could not be obtained without undue hardship.

Reasoning

The court found the documents relevant in the determination of the appeal and required the applicant to prove the documents were not available and could not be obtained without undue hardship.

Outcome

Granted

Orders

  • The application is granted in terms of prayers b.
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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