Evangeline Nyegera (Suing as legal representative of Felix M’ikiugu) v Godwin Gachagua Gichui [2018] KEELC 2444 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MERU

ELC CASE NO. 95 OF 2010

EVANGELINE NYEGERA...................................PLAINTIFF

(Suing as legal representative of FELIX M’IKIUGU)

VERSUS

GODWIN GACHAGUA GICHUI.....................DEFENDANT

RULING

1. In the Court of Appeal case no. 28/2016, the court had allowed appellants application of 10. 4.2014, where they had sought for the admission of copies of their documents. The court of appeal had ruled as follows “we hold the view that the applicant should not be barred from adducing secondary evidence through copies of original documents. It is imperative that the nature of the documents, their number and relevance is shown .The other party will have an opportunity to cross examine on veracity and legitimacy if it is necessary.”

2. Pursuant to the aforementioned ruling, I direct that the parties file and exchange a paginated bundle of the documents they intend to rely on within 14 days from the date of delivery of this ruling. Thereafter, it is upon the parties to lay a basis on the relevance of the said documents.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 11TH DAY OF JULY, 2018 IN THE PRESENCE OF:-

Court Assistant:Janet/Galgalo

HON. LUCY. N. MBUGUA

ELC JUDGE