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Tana and Athi River Development Authority v. County Government of Tana River &

(2018) JELR 93950 (CA)

Court of Appeal  •  Civil Appeal (Application) 93 of 2016  •  20 Sep 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Wanjiru Karanja

Judgement

RULING OF THE COURT

1. Before us is an application under Rule 29 (1) (b) of the Court of Appeal Rules wherein the appellant seeks leave to adduce additional evidence in the appeal. The application is premised on the grounds that firstly, the evidence sought to be adduced was neither in the appellant’s possession nor was it capable of being obtained with due diligence during the hearing of the suit which is subject of the appeal. Secondly, the respondents would not suffer any prejudice if leave is granted since they would be given an opportunity to controvert the same. Thirdly, that the matter being a public interest issue the leave sought ought to be granted.

2. The salient facts giving rise to the said application are that the 1st respondent filed a petition in the Environment and Land Court (ELC) being Petition No. 2 of 2015 challenging the allocation and issuance of title over L. R. No. 28026 (suit land) to the appellant. According to the 1st respondent, the said allocation was not a…

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